A Report of the Debates and Proceedings in the Secret Sessions of the Conference Part 60

AYES.--Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio, Pennsylvania, Rhode Island, and Tennessee--9.

NOES.--Connecticut, Iowa, Maine, Ma.s.sachusetts, North Carolina, New Hamps.h.i.+re, Vermont, and Virginia--8.

So the section was adopted.

The vote of New York being called, Mr. KING, temporary Chairman of the delegation, said:

The question arises concerning the vote of New York. Mr. FIELD, one of the delegates from this State, is necessarily absent from the Conference, having left to attend to the argument of a cause in the Supreme Court noted for argument this morning. It is his understanding, and with him that of a majority of the delegation, that the vote of New York is to be cast against this section, and the whole report. Under these circ.u.mstances I propose to give the vote of New York as it would be given if Mr. FIELD was present.

Mr. CORNING:--I object to this. The vote of that State should be given as the majority of the commissioners present decide. And I think this is a matter for the delegation, and that the Conference has nothing to do with it.

The PRESIDENT:--An absent member cannot partic.i.p.ate in the control of a vote except by general leave of the Convention.

Mr. KING:--If Mr. FIELD is not to be taken into the account, the vote of New York upon this section is divided.[8]

[Footnote 8: I have not heretofore expressed my own opinions upon the action of the Conference or of delegations; but as much has been said about the vote given by New York, or rather the division of the delegation, under which no vote was given, it is due to the parties concerned that I should state my own understanding of the practice of the Conference in this respect. After the rejection of the motion of Mr. CHASE (found on page 209), and the adoption of the proposition of Mr. DENT, so far as my own knowledge goes it was never deemed necessary that the entire delegation from a State should be present in order to cast its vote. I was present all the time, and frequently cast the vote of my own State upon previous consultation with my colleagues, when a majority of the delegation was absent. This was frequently done, to my personal knowledge, by other States: by none more frequently than Virginia. During several of the sessions the President himself was absent, and the chair was filled for the greater part of the time by Mr. ALEXANDER, or Mr. MOREHEAD, of Kentucky. I can recall to mind several occasions when the vote of Virginia was cast by Mr. SEDDON alone, no other member of his delegation being present.

When the question arose upon the vote of New York, I was surprised that this point was not insisted upon; but deeming it a matter exclusively for the delegation from that State to settle, I did not think the case one in which others should interfere. L.E.C.]

Mr. EWING:--The vote of Kansas is also divided.

Mr. HACKLEMAN:--The vote of Indiana is divided. The commissioners of Indiana were appointed by virtue of resolutions pa.s.sed by the Legislature of that State, which require them to report to the Legislature any proposition before voting for it finally, so as to commit the State either for or against it. It is impossible, under the circ.u.mstances, to submit this proposition of amendment to the Legislature of Indiana for approval or rejection. Indiana, therefore, declines to vote.

Mr. SLAUGHTER:--As the delegation from Indiana declines to cast its vote, I desire to have my individual vote entered in the affirmative upon this section.

Mr. ELLIS:--For the same reason I desire to have my vote entered in the negative.

The following gentlemen dissented from the vote of their respective States: Mr. CLAY and Mr. MOREHEAD, of Kentucky; Mr. RUFFIN and Mr.

MOREHEAD, of North Carolina; Mr. MEREDITH and Mr. WILMOT, of Pennsylvania; Mr. TOTTEN, of Tennessee; Mr. COOK, of Illinois; Mr.

RIVES and Mr. SUMMERS, of Virginia; and Mr. CHASE and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE:--I move the adoption of the second section of the report as amended, and ask that it may be read.

The Secretary read it as follows:

SECTION 2. No territory shall be acquired by the United States, except by discovery, and for naval and commercial stations, depots, and transit routes, 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 cla.s.s of States hereinbefore mentioned be cast as a part of the two-thirds majority necessary to the ratification of such treaty.

The vote on the adoption of section two was taken, and resulted as follows:

AYES.--Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia--11.

NOES.--Connecticut, Illinois, Iowa, Maine, Ma.s.sachusetts, North Carolina, New Hamps.h.i.+re, and Vermont--8.

New York and Kansas were divided.

So the section was adopted.

The following gentlemen dissented from the vote of their States: Mr.

MEREDITH and Mr. WILMOT, of Pennsylvania; Mr. RUFFIN and Mr. MOREHEAD, of North Carolina; Mr TYLER, of Virginia; Mr. CLAY, of Kentucky; and Mr. HACKLEMAN and Mr. ORTH, of Indiana.

Mr. GUTHRIE:--I now move the adoption of the third section of the report as amended, and request that it may be read.

The Secretary proceeded to read as follows:

SECTION 3. Neither the Const.i.tution nor any amendment thereof shall be construed to give Congress power to regulate, abolish, or control, within any State, the relation established or recognized by the laws thereof touching persons held to labor or involuntary service therein, nor to interfere with or abolish involuntary service in the District of Columbia without the consent of Maryland and without the consent of the owners, or making the owners who do not consent just compensation; nor the power to interfere with or prohibit representatives and others from bringing with them to the District of Columbia, retaining and taking away, persons so held to labor or service; nor the power to interfere with or abolish involuntary service in places under the exclusive jurisdiction of the United States within those States and Territories where the same is established or recognized; nor the power to prohibit the removal or transportation of persons held to labor or involuntary service in any State or Territory of the United States to any other State or Territory thereof, where it is established or recognized by law or usage; and the right during transportation, by sea or river, of touching at ports, sh.o.r.es, and landings, and of landing in case of distress, shall exist; but not the right of transit in or through any State or Territory, or of sale or traffic, against the laws thereof. Nor shall Congress have power to authorize any higher rate of taxation on persons held to labor or service than on land.

The bringing into the District of Columbia of persons held to labor or service for sale, or placing them in depots to be afterwards transferred to other places for sale as merchandise, is prohibited.

The question on the adoption of said section resulted in the following vote:

AYES.--Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, and Virginia--12.

NOES.--Connecticut, Indiana, Iowa, Maine, Ma.s.sachusetts, New Hamps.h.i.+re, and Vermont--7.

New York and Kansas were divided.

So the section was adopted.

The following gentlemen dissented from the vote of their States: Mr.

CLAY, of Kentucky; Mr. COOK, of Illinois; Mr. SLAUGHTER, of Indiana; and Mr. CHASE, and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE:--I move the adoption of the fourth section of the report as amended.

And the Secretary read it as follows:

SECTION 4. The third paragraph of the second section of the fourth article of the Const.i.tution shall not be construed to prevent any of the States, by appropriate legislation, and through the action of their judicial and ministerial officers, from enforcing the delivery of fugitives from labor to the person to whom such service or labor is due.

The question on the adoption of said section resulted in the following vote:

AYES.--Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Virginia--15.

NOES.--Iowa, Maine, Ma.s.sachusetts, and New Hamps.h.i.+re--4.

New York and Kansas were divided.

And the section was adopted.

The following gentlemen dissented from the vote of their respective States: Mr. BALDWIN, of Connecticut; Mr. HACKLEMAN and Mr. ORTH, of Indiana; and Mr. CHASE and Mr. WOLCOTT, of Ohio.

Mr. GUTHRIE:--I now move the adoption of the fifth section of the report as amended.

It was read by the Secretary as follows:

SECTION 5. The foreign slave-trade is hereby forever prohibited; and it shall be the duty of Congress to pa.s.s laws to prevent the importation of slaves, coolies, or persons held to service or labor, into the United States and the Territories from places beyond the limits thereof.

The vote on the adoption of this section resulted as follows:

AYES.--Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Missouri, New Jersey, New York, New Hamps.h.i.+re, Ohio, Pennsylvania, Rhode Island, Tennessee, Vermont, and Kansas--16.

NOES.--Iowa, Maine, Ma.s.sachusetts, North Carolina, and Virginia--5.