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. SUMMERS:--Some days ago I introduced into the Conference, and
caused to be printed, a substitute which I proposed to offer for the
second section of the committee's article. I offer it now, as follows:
"No territory shall be acquired by the United States without
the concurrence of a majority of all the Senators from
States which allow involuntary servitude, and a majority of
all the Senators from States which prohibit that relation;
nor shall territory be acquired by treaty, unless the votes
of a majority of the Senators from each class of States
hereinbefore mentioned, be cast as a part of the two-thirds
majority necessary to the satisfaction of such treaty."
I do not propose to occupy time in discussing it, but I ask a minute
or two to explain its provisions. The second section of the article
proposed by the committee, requires that a treaty under which
territory or commercial or naval stations is acquired, should require
four-fifths of the Senate for its ratification. This, I think, is an
unnecessary restriction upon the treaty-making power. Occasion may
arise when it would not be advisable to wait for the exercise of this
power at all. The question of acquiring territory may arise under
circumstances when delay would be fatal. Suppose our title to an
island in the Arctic Ocean, or a point upon the shore, by discovery or
otherwise, which might be settled by prompt action! There might be no
national authority with which we could treat for its acquisition. I
think it would be hazardous to provide that in no event should
territory be acquired except by treaty. The case I have supposed has
no relation whatever to the case of an ordinary acquisition of
territory by treaty with a recognized foreign power.
But the question of slavery always arises when the subject of
acquiring territory is mentioned. This clause would fix the _status_,
would put it in the power of either class of States to prevent the
acquisition, but it would not permit a small number of States to do
it. To leave it where a _majority_ of the Senators of both sections
could control the subject, would seem to me the mode of settlement
least objectionable. The ratification would require two-thirds of the
Senate, like all treaties, and these two-thirds would include a
majority of both sections.
Objection will be made to this classification of the States. I do not
like it myself, but there it no way to avoid it. I have adopted the
language of the Ordinance of 1787. There can be no very sound
objection to the use of these terms. The objection is rather
sentimental than otherwise.
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