States; and we recognize no authority, legally or otherwise, outside of a State where it so exists, to interfere with Slaves or Slavery in such States, in disregard of the Rights of their owners or the Peace of society.

Resolved, That we recognize the justice and propriety of a faithful execution of the Constitution, and laws made in pursuance thereof, on the subject of Fugitive Slaves, or Fugitives from Service or Labor, and discountenance all mobs or hindrances to the execution of such laws, and that citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States.

"Resolved, That we recognize no such conflicting elements in its composition, or sufficient cause from any source, for a dissolution of this Government; that we were not sent here to destroy, but to sustain and harmonize the Institutions of the Country, and to see that equal justice is done to all parts of the same; and finally, to perpetuate its existence on terms of equality and justice to all the States. Resolved, That a faithful observance, on the part of all the States, of all their Constitutional obligations to each other and to the Federal Government, is essential to the Peace of the Country.

66

"Resolved, That it is the duty of the Federal Government to enforce the Federal Laws, protect the Federal property, and preserve the Union of these States.

"Resolved, That each State be requested to revise its Statutes, and, if necessary, so to amend the same as to secure, without Legislation by Congress, to citizens of other States traveling therein, the same protection as citizens of such States enjoy; and also to protect the citizens of other States traveling or sojourning therein against popular violence or illegal summary punishment, without trial in due form of law, for imputed crimes.

"Resolved, That each State be also respectfully requested to enact such laws as will prevent and punish any attempt whatever in such State to recognize or set on foot the lawless invasion of any other State or Territory.

"Resolved, That the President be requested to transmit copies of the foregoing resolutions to the Governors of the

several States, with a request that they be communicated to their repective Legislatures."

This Joint Resolution, with amendments proposed to the same, came up in the House for action, on the 27th of February, 1861-the same day upon which the Peace Congress or Conference concluded its labors at Washington.

The Proposition of Mr. Burch, of California, was the first acted upon. It was to amend the Select Committee's resolutions, as above given, by adding to them another resolution at the end thereof, as follows:

"Resolved, etc., That it be, and is hereby, recommended to the several States of the Union that they, through their respective Legislatures, request the Congress of the United States to call a Convention of all the States, in accordance with Article Fifth of the Constitution, for the purpose of amending said Constitution in such manner and with regard to such subjects as will more adequately respond to the wants, and afford more sufficient Guarantees to the diversified and growing Interests of the Government and of the People composing the same."

This (Burch) amendment, however, was defeated by 74 yeas to 109 nays.

A Proposition of Mr. Kellogg, of Illinois, came up next for action. It was a motion to strike out all after the first word "That" in the Crittenden Proposition-which had been offered by Mr. Clemens as a substitute for the Committee Resolutions -and insert the following:

"The following articles be, and are hereby, proposed and submitted as Amendments to the Constitution of the United States, which shall be valid, to all intents and purposes as part of said Constitution, when ratified by Conventions of three-fourths of the several States.

"Article XIII. That in all the territory now held by the United States situate north of latitude 36° 30′ Involuntary Servitude, except in the punishment for crime, is prohibited while such territory shall remain under a Territorial government; that in all the territory now held south of said line, neither Congress nor any Territorial Legislature shall hinder or prevent the emigration to said territory of Persons

held to Service from any State of this Union, when that relation exists by virtue of any law or usage of such State, while it shall remain in a Territorial condition; and when any Territory north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then Federal ratio of representation of the People of the United States, it may, if its form of government be Republican, be admitted into the Union on an equal footing with the original States, with or without the relation of Persons held to Service and Labor, as the Constitution of such new State may provide.

"Article XIV. That nothing in the Constitution of the United States, or any amendment thereto, shall be so construed as to authorize any Department of the Government to in any manner interfere with the relation of Persons held to Service in any State where that relation exists, nor in any manner to establish or sustain that relation in any State where it is prohibited by the Laws or Constitution of such State. And that this Article shall not be altered or amended without the consent of every State in the Union.

66

Article XV. The third paragraph of the second section of the Fourth Article of the Constitution shall be taken and construed to authorize and empower Congress to pass laws necessary to secure the return of Persons held to Service or Labor under the laws of any State, who may have escaped therefrom, to the party to whom such Service or Labor may be due.

"Article XVI. The migration or importation of Persons held to Service or Involuntary Servitude, into any State, Territory, or place within the United States, from any place or country beyond the limits of the United States or Territories thereof, is forever prohibited.

"Article XVII. No territory beyond the present limits of the United States and the Territories thereof, shall be annexed to or be acquired by the United States, unless by treaty, which treaty shall be ratified by a vote of twothirds of the Senate."

The Kellogg Proposition was defeated by 33 yeas to 158 nays.

The Clemens Substitute was next voted on. This embraced the whole of the Crittenden Compromise Proposition, as amended in the Senate by inserting the provision as to all territory "hereafter acquired, " with the addition of another proposed Article of Amendment to the Constitution, as follows:

"Article VII. Section I. The elective franchise and the Right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by Persons who are, in whole or in part, of the African Race.

66

Section II. The United States shall have power to acquire from time to time districts of country in Africa and South America, for the colonization, at expense of the Federal Treasury, of such Free Negroes and Mulattoes as the several States may wish to have removed from their limits, and from the District of Columbia, and such other places as may be under the jurisdiction of Congress."

The Clemens Substitute (or Crittenden Measure, with the addition of said proposed Article VII.), was defeated by 80 yeas to 113 nays, and then the Joint Resolution of the Select Committee as heretofore given-after a vain attempt to table it was passed by 136 yeas to 53 nays.

Immediately after this action, a Joint Resolution to amend the Constitution of the United States, which had also been previously reported by the Select Committee of Thirtythree, came before the House, as follows:

"Be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring), That the following Article be proposed to the Legislatures of the several States as an Amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution, namely:

"Article XII. No amendment of this Constitution having for its object any interference within the States with the relation between their citizens and those described in

Section II. of the First Article of the Constitution as 'all other persons,' shall originate with any State that does not recognize that relation within its own limits, or shall be valid without the assent of every one of the States composing the Union.”

Mr. Corwin submitted an Amendment striking out all the words after "namely;" and inserting the following:

"Article XII. 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."

Amid scenes of great disorder, the Corwin Amendment was adopted by 120 yeas to 61 nays, and then the Joint Resolution as amended, was defeated (two-thirds not voting in the affirmative) by 123 yeas to 71 nays. On the following day (February 28th), amid still greater confusion and disorder, which the Speaker, despite frequent efforts, was unable to quell, that vote was reconsidered, and the Joint Resolution passed by 133 yeas to 65 nays-a result which, when announced was received with "loud and prolonged applause, both on the floor, and in the galleries."

On the 2d of March, the House Joint Resolution just given, proposing an Amendment to the Constitution, prohibiting Congress from touching Slavery within any State where it exists, came up in the Senate for action.

Mr. Pugh moved to substitute for it the Crittenden Proposition.

Mr. Doolittle moved to amend the proposed substitute (the Crittenden Proposition), by the insertion of the following, as an additional Article:

"Under this Constitution, as originally adopted, and as it now exists, no State has power to withdraw from the jurisdiction of the United States; but this Constitution, and all laws passed in pursuance of its delegated powers, are the Supreme Law of the Land, anything contained in any Constitution, Ordinance, or Act of any State, to the contrary notwithstanding."

Mr. Doolittle's amendment was lost by 18 yeas to 28 nays.