A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861Chittenden, L. E. (Lucius Eugene)
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A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention: For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861
Chittenden, L. E. (Lucius Eugene)
Conference Convention (1861 : Washington, D.C.); United States -- Politics and government -- 1857-1861
Mr. FIELD:--I am happy to answer the question of the gentleman from
Maryland, and I reply that when once the Supreme Court has decided a
question, I know of no way in which the decision can be reversed,
except through an amendment of the Constitution. I have the greatest
respect for the authority of the Supreme Court. I would take up arms,
if necessary, to execute its decisions. I say that States, as well as
persons, should respect and conform to its judgments, and I would say
they must. But I am bound in candor to add, that in my view the
Supreme Court has never adjudged the point to which the gentlemen
refers; it gave opinions, but no decision.
I was about to state, when I was first interrupted, that the majority
report altogether omits those guarantees, which, if the Constitution
is to be amended, ought to be there before any others that have been
suggested. I mean those which will secure protection in the South to
the citizens of the free States, and those which will protect the
Union against future attempts at secession; guarantees which are
contained in the propositions that I have submitted as proper to be
added to the report of the majority.
But, sir, I must insist, that if amendments to the Constitution are
required at all, it is better that they should be proposed and
considered in a General Convention. Although I do not regard this
Conference as exactly unconstitutional, it is certainly a bad
precedent. It is a body nominally composed of representatives of the
States, and is called to urge upon Congress propositions of amendment
to the Constitution. Its recommendations will have something of force
in them; it will undoubtedly be claimed for them in Congress that they
possess such force. I do not like to see an irregular body sitting by
the side of a legislative body and attempting to influence its
action.
Again, all the States are not here. Oregon and California--the great
Pacific dominions with all their wealth and power, present and
prospective--have not been consulted at all. Will it be replied that
all the States can vote upon the amendments? That is a very different
thing from proposing them. California and Oregon may have interests of
their own to protect, propositions of their own to make. Is it right
for us to act without consulting them? I will go for a convention,
because I believe it is the best way to avoid civil war.
Mr. WICKLIFFE:--If a General Convention is held, what amendments will
you propose?
Mr. FIELD:--I have already said that I have none to propose. I am
satisfied with the Constitution as it is.
Mr. WICKLIFFE:--Then, for God's sake, let us have no General
Convention.
Mr. FIELD:--I think the gentleman's observation is not logical. He
wants amendments, I do not. But I say if we are to have them, let us
have them through a General Convention.
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