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
With this clause in the Constitution,
therefore, it could have no influence upon the territory afterward
acquired from a foreign government. I think this decision conclusive,
and that the proposition, if incorporated into the Constitution, would
refer only to the territory now owned by the United States.
It was the wish of the representatives of some States in the committee
that the word "future" should be inserted in the report. I was opposed
to it: it was so odious to me to put words into the Constitution, or
to propose to do so, which should go forth to the world as an
indication that this Government proposes to acquire new territory in
any way. I have said that the Supreme Court in the Dred Scott case
decided that the words "the territories" in the Constitution only
applied to the then existing territory. I think they decided wrong in
this respect, though I agree to the correctness of the decision in
that case in the main; but such as it is, the decision is binding
upon this Conference and the people.
Mr. JOHNSON here read a portion of the opinion of Judge TANEY
delivered in the Dred Scott case, and continued:
You perceive that Judge TANEY turns the question upon the construction
of the word "the." Had the word "any" been used in its place, he must
have held that the provision applied to future, as well as the then
existing territory.
Knowing that it was the purpose of the majority of the committee to
exclude future territory from the operation of this proposition, and
that it was due to the committee and the Convention that their
purposes should be carried out, I offer my amendment as applicable to
the sixth line of the proposition as well as the first.
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