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)
History
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
That plan provided, "that so much of the territory ceded, or to be
ceded, by individual States to the United States, shall be divided
into distinct States." It is obvious that this plan contemplated the
possession of territory in no other way than by cession from the
States. It was expected that Georgia and North Carolina would cede
their western lands, now the States of Alabama, Mississippi, and
Tennessee, as they did some years later; and Mr. JEFFERSON'S plan was
intended to embrace those lands or territories to be ceded.
Consequently, the following provisions, which were part of the plan
reported, were intended by him to apply to Alabama, Mississippi, and
Tennessee, viz.:
"After the year 1800 of the Christian era, there shall be
neither slavery nor involuntary servitude in the said
States, otherwise that in the punishment of crimes."
Here the States were evidently those to be formed in United States
territory. And farther on in the plan it is stated,
"That the preceding articles shall be formed into a charter
of compact, and shall stand as fundamental Constitutions
between the thirteen original States, and each of the
several States now newly described, unalterable ... but by
the joint consent of the United States in Congress
assembled, and of the particular State within which such
alteration is proposed to be made."
This was a proposition to exclude slavery forever after 1800, not only
from the territories which had been, and might afterwards be, ceded,
but from the States to be formed in them, and to make it a fundamental
Constitution between the original States and each new State. It
excited a short discussion, and was postponed from time to time to the
19th of April, when Mr. SPEIGHT, of North Carolina, moved to strike it
out. The motion was seconded by Mr. REED, of South Carolina. The vote
by States, on the motion to strike out, was:
YEAS.--Maryland, Virginia, and South Carolina--3.
NAYS.--New Hampshire, Massachusetts, Rhode Island,
Connecticut, New York, and Pennsylvania--6.
This was under the Confederation articles, which provided that the
vote on all questions should be taken by States, each State casting
one vote; that no proposition could be adopted without the vote of
seven States in favor of it, and that the vote of no State could be
counted unless two members, at least, were present. As there were but
six States in favor of the proposition to prohibit slavery after 1800,
it was stricken out.
There was but one member present from New Jersey, and the vote of that
State was not counted. The member present voted for Mr. JEFFERSON'S
proposition. Another vote from that State would have made the required
number, and carried the measure.
In North Carolina, WILLIAMSON voted for prohibition, and SPEIGHT
against it. One more vote from that State would have made seven States
for the proposition, and it would have been carried.
Public-domain text, read in full here on John Shaqi.
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