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
SECTION 7. Congress shall provide by law that the United
States shall pay to the owner the full value of his fugitive
from labor, in all cases where the marshal, or other
officer, whose duty it was to arrest such fugitive, was
prevented from so doing by violence or intimidation from
mobs or riotous assemblages, or when, after arrest, such
fugitive was rescued by force, and the owner thereby
prevented and obstructed in the pursuit of his remedy for
the recovery of such fugitive.
Mr. GUTHRIE:--I hope now the Conference will proceed in the regular
way, and that the majority report will be first perfected so far as
amendments are concerned, and that then it may be adopted.
Mr. SEDDON:--I move to amend the first section by inserting, after the
words "in all the present territory south of said line," the words
"including the Cherokee grant," and I call for a vote by States on the
adoption of the amendment I propose. My object is to carry out the
instruction of the committee. A small part of the grant lies north of
the line. It is better to include the whole.
Mr. BACKUS:--I move to amend the amendment proposed by the gentleman
from Virginia, by substituting the word "excluding" for the word
"including," and on my motion ask a vote by States.
Mr. RUFFIN:--I think the gentleman does not understand the effect of
his amendment.
Mr. BACKUS:--I do not think we ought to regard the Cherokee grant at
all.
Mr. FRANKLIN:--I think both the amendments important.
Mr. SEDDON:--We must recognize the Cherokee Territory, and not divide
it. Upon mature reflection, I think the amendment is important.
The vote was taken upon the motion of Mr. BACKUS, and resulted as
follows:
AYES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Ohio, Pennsylvania,
and Vermont--11.
NOES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Rhode Island, Tennessee, and Virginia--9.
The PRESIDENT:--The question is now upon the amendment offered by the
gentleman from Virginia, as amended by the Conference.
Mr. GUTHRIE:--I hope the amendment will not be adopted. It is not
necessary to the sense of the article. It is cumulative in its effect.
We have expressly excluded the Cherokee grant, lest we might seem to
overrule the Cherokee treaty by a provision of the Constitution.
The vote was taken by States, on the adoption of the amendment
proposed by Mr. SEDDON, as amended, with the following result:
AYES.--Connecticut, Illinois, Indiana, Iowa, Maine,
Massachusetts, New York, New Hampshire, Ohio, and
Vermont--10.
NOES.--Delaware, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Pennsylvania, Rhode Island, Tennessee, and
Virginia--10.
Thus the amendment was lost.
Mr. PRATT:--I wish to enter my dissent from the vote of Connecticut.
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