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
Mr. GROESBECK:--I move to amend the substitute offered by Mr.
FRANKLIN, by inserting after the words "nor shall any law be passed,"
the words "by Congress or the Territorial Legislature." I think this
is necessary to make our intention plain. Otherwise it might be said
that the prohibition did not apply to Congress.
Mr. FRANKLIN:--I think the suggestion a very proper one. I will accept
the amendment.
Mr. WILMOT:--I only wish to understand where we are. Have we disposed
of the word "facilitate"?
The PRESIDENT:--That amendment was not adopted.
Mr. WILMOT:--Then I move to insert before the word "_status_," the
word "legal."
Mr. RUFFIN:--That raises again every question we have been discussing.
The word, as used in the substitute, only refers to the status _in
fact_.
Mr. GUTHRIE:--This brings up all our old troubles. Let us reject it.
Mr. RANDOLPH:--I wish to understand this subject, and what will be the
effect of adopting this amendment. I understand that the slave has
what we call a _status_. The substitute of Mr. FRANKLIN is intended
specifically to recognize and protect that _status_ in the Territories
as fully as it is protected and recognized in the States. I think it
has that effect. Adopt the amendment, and the effect is precisely the
opposite. The amendment rescinds the _status_.
Mr. PALMER:--I wish to make an inquiry of the mover. Does the
amendment, after all, make any difference? Must not any _status_, not
against law, be, of necessity, a _legal_ status?
Mr. WILMOT:--No. I think there is a wide difference, and the South
thinks so. One is a status in fact, the other, one in law.
Mr. LOGAN:--I hope we shall not adopt the amendment. We all want these
questions settled. The amendment opens them all wider than before. If
we intend to give the South the right she asks for, and, as I think,
rightfully asks for, let us give it to her in plain and unequivocal
language. Let us not give her a legacy of litigation, by using words
which mean one thing or the opposite, according to the construction
you place upon them. I wish to settle all these questions fairly. The
amendment leaves the question as to what constitutes a _legal status_,
to be decided by the Court. The North would claim that there cannot be
such a thing as a legal status, a legal condition of slavery. The
South would claim the opposite.
Mr. WILMOT:--If the amendment of the gentleman from North Carolina had
been adopted, I would not have moved this. The section then would have
been unambiguous and clear. Now it is all open to construction.
Mr. CHASE:--In my judgment it is unimportant whether the amendment is
adopted or not. The condition of the slave in the Southern States is
one arising out of law, established by legislative provisions. _Status
in fact_ must mean _status in law_ as well as _status in fact_.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account