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. REID:--It strikes me that the question is this: My proposition is
to add the words "and future," but Mr. JOHNSON'S amendment is to add
the word "present." Can this be treated as an amendment to his motion?
I must say that my duty to my country and State will prevent my voting
for the proposition as he proposes to limit it.
Mr. COALTER:--I think the committee ought to be permitted to amend and
complete their report. Let us, by general consent, agree to have the
word "present" inserted.
Mr. REID:--I object to that all the time.
Mr. TURNER:--I move that the report be recommitted for amendment.
Mr. COALTER:--Shall we adjourn over simply for this? That will use up
another day.
Mr. GUTHRIE:--I hope it will not be recommitted. We can settle the
question here in a moment.
The PRESIDENT:--The vote will now be taken.
Mr. McCURDY:--I call for the individual names of members voting.
The PRESIDENT:--The call is not in order.
The question was then taken on the amendment of Mr. REID, and resulted
as follows:
AYES--New Jersey, Delaware, Maryland, Kentucky, Tennessee,
North Carolina, Missouri, and Virginia--8.
NAYS--Vermont, Maine, New Hampshire, Massachusetts,
Connecticut, Rhode Island, Ohio, Indiana, Illinois,
Pennsylvania, New York, and Iowa--12.
So the amendment failed.
The PRESIDENT:--The question now recurs on the motion of the gentleman
from Maryland.
Mr. JOHNSON:--I trust that I shall not trespass upon the time of the
Conference, but the subject now before it is one of great importance,
and it involves the consideration of many important questions. The
amendment which I offer is for the purpose of making the proposition
of the committee clear and plain. I was aware that a construction
might be placed upon it different from that which the committee
intended; and it is due to the frankness which is manifested here,
that the purposes of the committee should be made plain. There ought
to be no ambiguity in a constitutional provision. Some of the most
important constitutional questions decided by the Supreme Court have
been questions of construction. Lawyers would differ about the
construction to be given the committee's proposition. I think the
Supreme Court has placed a construction upon the terms used here,
which would be conclusive. A similar question arose in the Dred Scott
case. There the question was upon that article in the Constitution
which confers on Congress the power "to dispose of and to make all
needful rules and regulations respecting the _territories_ or other
property belonging to the United States." The Court in that case
decided that the provision had no bearing on the controversy in that
case, because the power given by that provision, whatever it might be,
was confined, and was intended to be confined, to the territory which,
upon the adoption of the Constitution, belonged to or was claimed by
the United States, and was within their boundaries, as settled by the
treaty with Great Britain.
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