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
Although it may not be strictly in order, yet, as a part of my plan, I
wish to bring forward a substitute which I shall offer to the seventh
section of the committee's article, which, if adopted, should be
numbered
SECTION 9. Congress shall provide by law, that in all cases
where the Marshal, or other officer whose duty it shall be
to arrest any fugitive from service or labor, shall be
prevented from so doing by violence of a mob or riotous
assemblage; or where, after such arrest, such fugitive shall
be rescued by like violence, and the party to whom such
service or labor is due shall thereby be deprived of the
same, the United States shall pay to such party the full
value of such service or labor.
I offer these in separate sections, in order not only that the vote
may be taken upon each one separately here, but also when the same
questions come before the people. The first section of my amendment,
as I understand from every quarter, sets all opposition at rest; all
are willing to agree to it. This may be adopted and the others
rejected, which could not be done if the original section was adopted.
The other sections conform to the language of our present
Constitution, and for that reason I think they will meet with more
favor. Each subject is thus made to stand on its own merits.
The PRESIDENT:--The question will be taken upon each section of the
substitute proposed.
Mr. JAMES:--I propose the following as a substitute for the first
section of the amendment offered by Mr. HITCHCOCK. It is, I believe,
the same as that proposed in Congress by the Committee of Thirteen. I
understand, also, that the Committee of the House of Representatives
are about to substitute it for what is known as the ADAMS Proposition.
We all have the same purpose in view, to negative in express terms the
right of Congress to interfere with the institution of slavery within
the States. I present the amendment because I think it expresses the
purpose in better language.
SECTION 1. No amendment shall be made to the Constitution
which will authorize or give to Congress the power to
abolish or interfere, within any State, with the domestic
institutions thereof, including that of persons held to
labor or service by the laws of said State.
Mr. CHASE:--This amendment would be limited in its application to the
States. Congress would still have power in this respect over
Territories.
Mr. GUTHRIE:--The report of the committee has been agreed upon after
much discussion, and printed. We all understand it, and I hope we
shall adhere to it without any alteration. If we begin to adopt these
amendments no one can tell where they will carry us.
Mr. JAMES:--My proposition is offered as an amendment to that offered
by Mr. HITCHCOCK.
Mr. GUTHRIE:--So I understand; but his amendment is proposed as a
substitute for the third section of the article reported by the
committee. I object to the whole of it.
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