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
In similar language the article proposes to abolish slavery in the
territory north of the line. It is well to consider what is the legal
condition of that territory now. New Mexico and Arizona were free when
we first acquired them. Is not this provision wholly unnecessary? Mr.
CLAY left such language out of the Missouri Compromise, as he avowed,
on the ground that slavery could not legally go into territory free
when it was acquired, without the aid of affirmative legislation.
Previous and up to the year 1850, there was no difference of opinion
among lawyers on this question. All agreed with Mr. CLAY.
Now, slavery has gone into a portion of this territory; violently too;
without such legislation. Limits are prescribed to it, it is true, but
_it is there_, and in this way. _That_ is the _status_ which is to be
recognized, constitutionalized by these articles. I am aware that
there is a law of the territory that authorizes slavery, but slavery
went there without law, in spite of the opinions and opposition of Mr.
CLAY.
This is shown by the debate of 1850. It is proposed now to convert the
territory south of the line of 36 deg. 30' into slave territory, and to
make that conversion irrevocable. Suppose these propositions had been
applied at the moment the territory was acquired. Then certainly
slavery would have been carried there by force of these articles
alone. The principle would have been the same; one case being no
stronger than the other.
Mr. PRESIDENT, I shall not enter into any discussion of the merits or
demerits of the question in any other than its political aspects. I
have nothing to say respecting the morals of slavery. If there is
virtue in the institution, you have the credit of it; if there is sin,
you must answer for it. And here let me say that you discuss the moral
aspect of slavery much more than we do. We hold it to be strictly a
State institution. So long as it is kept there, we have nothing to do
with it. It is only when it thrusts itself outside of State limits,
and seeks to acquire power and strength by spreading itself over new
ground, that we insist upon our objections.
Whatever the consequences may be, we should not conceal from each
other the true condition of public opinion in our respective sections.
A correct knowledge of this is essential and indispensable. It is in
view of this opinion that our proposals should be framed, if they are
ever to be adopted. The settled convictions of a people formed upon
mature examination and experience, cannot be easily changed. This
should be understood at the outset.
Now, I respectfully submit that no sentiment, no opinion ever took a
firmer hold of the Northern mind--ever struck more deeply into
it--ever became more pervading, or was ever adopted after maturer
consideration, than this: That it is impolitic and wrong to convert
free territory into slave territory. With such convictions the North
will never consent to such conversion. Never! never!
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