A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 77

It is in that condition that I offer this amendment. I hope Senators will have the courage and the nerve, if they have faith in and regard for their const.i.tuents, to whom they have taught their doctrines heretofore, to adhere to them and to stick to them now; and while they will vote against this amendment, I will stand by them also and vote against it, as one person who for fourteen years has represented his State in one or the other branch of this Congress. In saying this, I say it as the last act of my political life, and it is one upon which I put my faith, and on which I would put the last hope I have on earth. I know from the bottom of my soul that I am not averse to the continuation and the preservation of the present Union of States, which I have always considered sanctifies the continent of North America to peace and to prosperity forever. I feel from the bottom of my heart that whenever it shall be divided, it will be given up, from petty causes, and from petty irritations and misapprehensions, to the contingencies of war and the contingencies of blood and disaster, which have followed the divisions and separations of every other continent in the whole wide world.

Then, Mr. President, I offer this amendment from the conviction that common honesty of purpose, and the common frankness of men of nerve and of honor, will give us one vote to show that there is among us an irreconcilable difference, or that will give hope to those who, like the Senator from Kentucky, it seems to me, can hope against hope, that there is something to be done. I cannot believe that any thing is gained by this resolution. I cannot conceive that the proposition of the House gives security to my people. I will not stop to comment upon it, and to show why it is that I cannot vote for it. I sincerely hope that we may have a vote of the Senate upon the amendment I now offer; and I call for the yeas and nays upon it.

The yeas and nays were ordered.

Mr. JOHNSON, of Tennessee:--I wish merely to repeat again, before the yeas and nays are called on this amendment, that I shall vote against this, as I have voted against all preceding amendments, with the distinct understanding that I am not committed for or against any proposition contained in those amendments. I hope we shall vote them all down.

Mr. DOUGLAS:--I will merely state that when we have disposed of this resolution, I hope we shall take up the Peace Conference propositions immediately, and get through with them.

The Secretary proceeded to call the roll.

Mr. CRITTENDEN (when his name was called):--I desire to say that, although preferring this amendment, I shall vote against it, as I have against all others, in order to pa.s.s it as it came to us from the House.

Mr. JOHNSON, of Arkansas:--I should like to have made a further explanation; but I will not do it. I vote "nay."

The result was then announced--yeas 3, nays 34; as follows:

YEAS.--Messrs. Foot, Nicholson, and Pugh--3.

NAYS.--Messrs. Anthony, Baker, Bigler, Bingham, Bright, Chandler, Clark, Crittenden, Dixon, Doolittle, Douglas, Durkee, Fessenden, Foster, Grimes, Harlan, Hunter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, King, Latham, Mason, Morrill, Polk, Rice, Sebastian, Sumner, Ten Eyck, Trumbull, Wade, Wigfall, Wilkinson, and Wilson--34.

So the amendment was rejected.

Other amendments--of which some were approved and some rejected--were offered to the joint resolutions, and, finally, the proposals of amendments to the Const.i.tution from the Conference Convention were again brought forward in this manner:

Mr. CRITTENDEN:--I intend to be perfectly consistent in my course on this subject. I look upon the result of the deliberations of the Peace Congress, as they call it here, as affording the best opportunity for a general concurrence among the States and among the people. I determined to take it in preference to my own proposition, and so stated to many of the members of that Convention. I now propose the propositions agreed to by them as a subst.i.tute for my own.

I came here this morning, without the least expectation of any vote being taken on this proposition of mine. It has never been in a condition before where I was prepared to offer amendments to it. I had amendments which I intended to propose, not intending to make material changes, as I supposed, in substance and effect, but changing the phraseology, particularly of the first article, in which I propose to subst.i.tute an amendment, to declare merely that the _status_ of persons held to servitude or labor under the laws of any State shall continue with the laws thus unchanged, as long as the Territory remains under a territorial government; and when it forms a const.i.tution, to come into the Union as a State, to be received with or without slavery. All my papers and the amendments which I prepared are at my room, not here. That is the condition of the thing.

Mr. HUNTER:--The resolution stands now as several States have instructed for it, and I hope we shall have a vote on it.

Mr. CRITTENDEN:--I now move to subst.i.tute the resolutions of the Peace Convention. I have declared that I would do this; that I would abandon my own resolutions, and take that proposed by the Peace Conference.

Mr. HUNTER:--Then I call for the yeas and nays on the amendment of the Senator from Kentucky.

The PRESIDING OFFICER:--Does the Chair understand the Senator from Kentucky to offer as an amendment to the resolution now before the Senate, the resolution of the Peace Conference?

Mr. CRITTENDEN:--Yes, sir.

Mr. HUNTER:--That is an amendment, and on that I ask for the yeas and nays.

The yeas and nays were ordered.

Mr. CRITTENDEN:--I wish to say a word in explanation; of course I shall make no speech at this hour. I have examined the propositions offered by that Convention; they contain, in my judgment, every material provision that is contained in the resolution called the CRITTENDEN resolution. The resolution that I offered contained nothing substantial that has not been adopted by the Convention, except in one particular, and that particular is this: they reject so much of the resolution offered by me as embraced future acquired territory. They said it was enough to settle in regard to the territory we now hold; and they have subst.i.tuted a provision which, I think, ought to be perfectly satisfactory, as to acquisition of future territory. They say none shall be acquired, unless it be by a two-thirds vote of the Senate, which two-thirds vote shall include a majority of the Senators from the slaveholding States, as well as a majority of the Senators from the North. That gives ample security to the South; it gives ample security to the North. No territory can be acquired without the approbation of both sections of the Union, and having this in their power, they can then make any previous arrangement in regard to slavery that they please, before the acquisition of territory. That is the way they dispose of future acquisitions. I prefer it to the disposition made in the resolutions which I submitted to the Senate. I therefore offer them, and for other reasons: out of deference to that great body of men selected on the resolution of Virginia, and invited by Virginia herself. The body having met, and being composed of such men, and a majority of that Convention concurring in these resolutions, I think they come to us with a sanction ent.i.tling them to consideration; therefore I have moved them.

Mr. GWIN:--I hope the subst.i.tute will not be adopted. The very reason the Senator has given in favor of it, with reference to the acquisition of future territory, I think should be the cause of its being voted down. I am sure Senators from Northern States should not vote for such an amendment as this; because the first acquisition, if we get any at all, will be the very kind of acquisition that the Northern States want. It is well known that if we had had the same counsels in 1854 that we had in 1803, we should have acquired the whole Russian Pacific territory to Behring Straits. If THOMAS JEFFERSON had been President, we should have got the whole of the Pacific possessions of Russia, as we got Louisiana from France, on the same principle; and I believe the first acquisition of territory we shall get will be the Russian possessions to Behring Straits. I hope this amendment of the Const.i.tution will not be voted for by those who are in favor of acquiring territory, especially which will give us such important advantages on the Pacific Ocean. I am utterly opposed to restricting all acquisition hereafter; especially on the Pacific coast of the United States, both north and south. I hope this amendment will be voted down.

Mr. DOUGLAS:--I was exceedingly anxious to get a separate and distinct vote, first on the Peace Conference propositions, and then on the CRITTENDEN proposition, as perfected by the Senator from Kentucky. I have announced several times to-night, that that was my purpose; but after what the Senator from Kentucky has said about his obligations to the Peace Conference, to give priority to their proposition, I must follow him, although I should be delighted if we could make arrangements for separate votes. I prefer his perfected amendment to the Peace Conference proposition; but still, I cannot separate from him on this question, when he thinks he is bound to bring it forward.

The Secretary proceeded to call the roll on the amendment.

Mr. NICHOLSON (when his name was called):--I greatly prefer the resolution of the Senator from Kentucky, because it is unequivocal, unambiguous in its language, and embraces future as well as present territory; but I am willing, if that cannot be got, to vote for the other; and I do not concur in the criticisms that have been made on it to the full extent, though there are features in it to which I very much object. I shall, therefore, vote "nay" on this proposition.

Mr. POWELL:--As I have before announced, I have paired with the Senator from Pennsylvania [Mr. CAMERON]. If I were not paired, I should vote "nay."

Mr. GWIN:--He would vote with you, if he were here.

Mr. POWELL:--I cannot tell; he is not here.

The result was announced--yeas 7, nays 28, as follows:

YEAS.--Messrs. Crittenden, Douglas, Harlan, Johnson of Tennessee, Kennedy, Morrill, and Thomson--7.

NAYS.--Messrs. Bayard, Bigler, Bingham, Bright, Chandler, Clark, Dixon, Fessenden, Foot, Foster, Grimes, Gwin, Hunter, Lane, Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastian, Sumner, Ten Eyck, Trumbull, Wade, Wigfall, Wilkinson, and Wilson--28.

So the amendment was rejected.

No. IV.

[The action of both houses of Congress in relation to the Peace Conference, and the propositions of amendments therein adopted, would seem to form a portion of its history. I shall endeavor to furnish their action so far as it can be separated from other matters connected with the propositions presented. Immediately after the adoption of the resolutions of Virginia, under which the Conference was called, and on the 28th of January, 1861, the following proceedings took place in the House of Representatives of the United States.]

HOUSE OF REPRESENTATIVES, } WAs.h.i.+NGTON, MONDAY, _January 28th, 1861._ }

The SPEAKER, Hon. WM. PENNINGTON, laid before the House a message from the President of the United States, which was read by the Clerk, as follows:

_To the Senate and House of Representatives of the United States:_

I deem it my duty to submit to Congress a series of resolutions adopted by the Legislature of Virginia, on the 19th inst., having in view a peaceful settlement of the exciting questions which now threaten the Union. They were delivered to me on Thursday the 24th inst., by ex-President TYLER, who has left his dignified and honored retirement, in the hope that he may render service to his country in this its hour of peril. These resolutions, it will be perceived, extend an invitation "to all such States, whether slaveholding or non-slaveholding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversies in the spirit in which the Const.i.tution was originally formed, and consistently with its principles, so as to afford to the people of the slaveholding States adequate guarantees for the security of their rights, to appoint Commissioners to meet, on the 4th day of February next, in the City of Was.h.i.+ngton, similar Commissioners appointed by Virginia, to consider, and, if practicable, agree upon some suitable adjustment."

I confess I hail this movement, on the part of Virginia, with great satisfaction. From the past history of this ancient and renowned Commonwealth, we have the fullest a.s.surance that what she has undertaken she will accomplish, if it can be done by able, enlightened, and persevering efforts. It is highly gratifying to know that other patriotic States have appointed, and are appointing Commissioners to meet those of Virginia in council. When a.s.sembled, they will const.i.tute a body ent.i.tled, in an eminent degree, to the confidence of the country.

The General a.s.sembly of Virginia have also resolved "that ex-President JOHN TYLER is hereby appointed by the concurrent vote of each branch of the General a.s.sembly, a Commissioner to the President of the United States; and Judge JOHN ROBERTSON is hereby appointed, by a like vote, a Commissioner to the State of South Carolina, and the other States that have seceded or shall secede, with instructions respectfully to request the President of the United States and the authorities of such States to agree to abstain, pending the proceedings contemplated by the action of this General a.s.sembly, from any and all acts calculated to produce a collision of arms between the States and the Government of the United States."

However strong may be my desire to enter into such an agreement, I am convinced that I do not possess the power.

Congress, and Congress alone, under the war-making power, can exercise the discretion of agreeing to abstain "from any and all acts calculated to produce a collision of arms" between this and any other Government. It would, therefore, be a usurpation for the Executive to attempt to restrain their hands by an agreement in regard to matters over which he has no const.i.tutional control. If he were thus to act, they might pa.s.s laws which he should be bound to obey, though in conflict with his agreement.

Under existing circ.u.mstances, my present actual power is confined within narrow limits. It is my duty at all times to defend and protect the public property within the seceding States so far as this may be practicable, and especially to employ all const.i.tutional means to protect the property of the United States, and to preserve the public peace at this the seat of the Federal Government. If the seceding States abstain "from any and all acts calculated to produce a collision of arms," then the danger so much to be deprecated will no longer exist. Defence, and not aggression, has been the policy of the administration from the beginning.

But while I can enter into no engagement such as that proposed, I cordially commend to Congress, with much confidence that it will meet their approbation, to abstain from pa.s.sing any law calculated to produce a collision of arms pending the proceedings contemplated by the action of the General a.s.sembly of Virginia. I am one of those who will never despair of the Republic. I yet cherish the belief that the American people will perpetuate the Union of the States on some terms just and honorable for all sections of the country. I trust that the mediation of Virginia may be the destined means, under Providence, of accomplis.h.i.+ng this inestimable benefit. Glorious as are the memories of her past history, such an achievement, both in relation to her own fame and the welfare of the whole country, would surpa.s.s them all.

JAMES BUCHANAN.

The "series of resolutions" referred to, and transmitted in President BUCHANAN'S message to Congress, are in the body of this book on pages 9 and 10.

The following communication by the Governor of Virginia to the General a.s.sembly thereof, was also submitted with the President's Message:

_The Commonwealth of Virginia, to all to whom these presents shall come, greeting:_