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. JOHNSON, of Missouri:--The Supreme Court has already decided, in
terms which are not ambiguous, that Congress has no right, under the
Constitution, to prohibit slavery in the Territories. Now, our
brethren of the North propose to give us the Missouri Compromise. What
do they mean? Do they intend to give us a substantial right--one that
we can enforce and rely upon, or do they intend to keep it from us?
They are shrewd as well as honorable men. They know that the effect of
this amendment will be to leave the territory south of the line,
without the slightest acknowledgment or guaranty, just where it is at
the present time, so far as slavery is concerned.
The construction placed upon the Missouri Compromise was, that the
prohibition of slavery north of the line which it established, implied
the right of holding slaves south of the line. At the time of its
adoption there was, in respect of this construction, no difference of
opinion: Such was the construction of Mr. WEBSTER.
Now you propose to leave it still for Congress to legislate as to the
territory south. You secure that north, by a prohibition in the
Constitution; you will get that south, by the action of Congress.
The decision in the Dred Scott case may be reversed. It afforded no
permanent protection. One of your leaders (Mr. WILMOT) says he will
war against it. The gentleman from New York (Mr. SMITH) denies the
force of the decision in this respect. Now, gentlemen, all we of the
South want, is to have this question settled. You know well that the
adoption of this amendment, so far from settling it, leaves it all
open; or rather it settles the question North, and leaves it open
South. The country is in danger--that all concede. Will you, because
you do not agree in opinion with the Supreme Court, refuse to join us
in one more effort to save the country?
Mr. CLAY:--I have not unnecessarily occupied a moment of the time of
this Conference, and it is not now my intention to occupy the whole
ten minutes to which I am entitled. But I do wish to express some of
the opinions which I entertain upon the questions immediately under
our consideration. "Red Gauntlet" has been cited as an authority in
this body, but I think I might cite another of the same class which
would be more in point. It is the "Bleak House," by Charles Dickens,
in which the circumlocution office is so graphically described. It
would be decidedly more appropriate to our present action.
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