Twenty Years of Congress, Vol. 1 / From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860

by James Gillespie Blaine

CHAPTER XII.

Congress in the Winter of 1860-61.—The North offers Many Concessions to the South.—Spirit of Conciliation.—Committee of Thirteen in the Senate.—Committee of Thirty-three in the House.—Disagreement of Senate Committee.—Propositions submitted to House Committee.— Thomas Corwin's Measure.—Henry Winter Davis.—Justin S. Morrill— Mr. Houston of Alabama.—Constitutional Amendment proposed by Charles Francis Adams.—Report of the Committee of Thirty-three.— Objectionable Measures proposed.—Minority Report by Southern Members.—The Crittenden Compromise proposed.—Details of that Compromise.—Mr. Adams's Double Change of Ground.—An Old Resolution of the Massachusetts Legislature.—Mr. Webster's Criticism Pertinent. —Various Minority Reports.—The California Members.—Washburn and Tappan.—Amendment to the Constitution passed by the House.—By the Senate also.—New Mexico.—The Fugitive-slave Law.—Mr. Clark of New Hampshire.—Peace Congress.—Invited by Virginia.—Assembles in Washington.—Peace Measures proposed.—They meet no Favor in Congress.—Territories of Colorado, Dakota, and Nevada originated. —Prohibition of Slavery abandoned.—Republicans in Congress do not ask it.—Explanation required.—James S. Green of Missouri.— His Character as a Debater.—Northern Republicans frightened at their own Success.—Anxious for a Compromise.—Dread of Disunion. —Northern Democrats.—Dangerous Course pursued by them.—General Demoralization of Northern Sentiment.

While the Secession leaders were engaged in their schemes for the disruption of the National Government and the formation of a new confederacy, Congress was employing every effort to arrest the Disunion tendency by making new concessions, and offering new guaranties to the offended power of the South. If the wild precipitation of the Southern leaders must be condemned, the compromising course of the majority in each branch of Congress will not escape censure,—censure for misjudgment, not for wrong intention. The anxiety in both Senate and House to do something which should allay the excitement in the slave-holding section served only to develop and increase its exasperation and its resolution. A man is never so aggressively bold as when he finds his opponent afraid of him; and the efforts, however well meant, of the National Congress in the winter of 1860-61 undoubtedly impressed the South with a still further conviction of the timidity of the North, and with a certainty that the new confederacy would be able to organize without resistance, and to dissolve the Union without war.

COMMITTEES OF CONCILIATION.

Congress had no sooner convened in December, 1860, and received the message of Mr. Buchanan, with its elaborate argument that the National Government possessed no power to coerce a State, than in each branch special committees of conciliation were appointed. They were not so termed in the resolutions of the Senate and House, but their mission was solely one of conciliation. They were charged with the duty of giving extraordinary assurances that Slavery was not to be disturbed, and of devising measures which might persuade Southern men against the rashness on which they seemed bent. In the Senate they raised a committee of thirteen, representing the number of the original States of the Union. In the House the committee was composed of thirty-three members, representing the number of States then existing. In the Senate, Mr. Powell of Kentucky was chairman of the committee of thirteen, which was composed of seven Democrats, five Republicans, and the venerable Mr. Crittenden of Kentucky, who belonged to neither party. It contained the most eminent men in the Senate of all shades of political opinion. In the House, Thomas Corwin was made chairman, with a majority of Republicans of the more conservative type, a minority of Democrats, and Mr. Henry Winter Davis of Maryland, who held a position similar to that occupied by Mr. Crittenden in the Senate.

The Senate committee promptly disagreed, and before the close of December reported to the Senate their inability to come to any conclusion. The committee of thirty-three was more fortunate, or perhaps unfortunate, in being able to arrive at a series of conclusions which tended only to lower the tone of Northern opinion without in the least degree appeasing the wrath of the South. The record of that committee is one which cannot be reviewed with pride or satisfaction by any citizen of a State that was loyal to the Union. Every form of compromise which could be suggested, every concession of Northern prejudice and every surrender of Northern pride, was urged upon the committee. The measures proposed to the committee by members of the House were very numerous, and those suggested by the members of the committee themselves seemed designed to meet every complaint made by the most extreme Southern agitators. The propositions submitted would in the aggregate fill a large volume, but a selection from the mass will indicate the spirit which had taken possession of Congress.

Mr. Corwin of Ohio wished a declaration from Congress that it was "highly inexpedient to abolish slavery in the District of Columbia unless with the consent of the States of Maryland and Virginia." Mr. Winter Davis suggested the Congress should request the States to revise their statutes with a view to repeal all personal-liberty bills, and further that the Fugitive-slave Law be so amended as to secure trial by jury to the fugitive slave, not in the free State where he was arrested, but in the slave State to which he might be taken. Mr. Morrill of Vermont offered a resolution declaring that all accessions of foreign territory shall hereafter be made by treaty stipulation, and that no treaty shall be ratified until it had received the legislative assent of two-thirds of all the States of the Union, and that neither Congress nor any Territorial Legislature shall pass any law establishing or prohibiting slavery in any Territory thus acquired until it shall have sufficient population to entitle it to admission to the Union. Mr. Houston of Alabama urged the restitution of the Missouri line of 36° 30´. There was in the judgment of many Southern men a better opportunity to effect an adjustment on this line of partition than upon any other basis that had been suggested. But the plea carried with it a national guaranty and protection of slavery on the southern side of the line, and its effect would inevitably have been in a few years to divide the Republic from ocean to ocean. Mr. Taylor of Louisiana wanted the Constitution so amended that the rights of the slave-holder in the Territories could be guarantied, and further amended so that no person, "unless he was of the Caucasian race and of pure and unmixed blood," should ever be allowed to vote for any officer of the National Government.

PROPOSITIONS OF COMPROMISE.

Mr. Charles Francis Adams proposed that the Constitution of the United States be so amended that no subsequent amendment thereto, "having for its object any interference with slavery, 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." No Southern man, during the long agitation of the slavery questions extending from 1820 to 1860, had ever submitted so extreme a proposition as that of Mr. Adams. The most precious muniment of personal liberty never had such deep embedment in the organic law of the Republic as Mr. Adams now proposed for the protection of slavery. The well-grounded jealousy and fear of the smaller States had originally secured a provision that their right to equal representation in the Senate should never be taken from them even by an amendment of the Constitution. Mr. Adams now proposed to give an equal safeguard and protection to the institution of slavery. Yet the proposition was opposed by only three members of the committee of thirty-three,—Mason W. Tappan of New Hampshire, Cadwallader C. Washburn of Wisconsin, and William Kellogg of Illinois.

After a consideration of the whole subject, the majority of the committee made a report embodying nearly every objectionable proposition which had been submitted. The report included a resolution asking the States to repeal all their personal-liberty bills, in order that the recapture and return of fugitive slaves should in no degree be obstructed. It included an amendment to the Constitution as proposed by Mr. Adams. It offered to admit New Mexico, which then embraced Arizona, immediately, with its slave-code as adopted by the Territorial Legislature,—thus confirming and assuring its permanent character as a slave State. It proposed to amend the Fugitive-slave Law by providing that the right to freedom of an alleged fugitive should be tried in the slave State from which he was accused of fleeing, rather than in the free State where he was seized. It proposed, according to the demand of Mr. Toombs, that a law should be enacted in which all offenses against slave property by persons fleeing to other States should be tried where the offense was committed, making the slave-code, in effect, the test of the criminality of the act,—an act which, in its essential character, might frequently be one of charity and good will.

These propositions had the precise effect which, in cooler moments, their authors would have anticipated. They humiliated the North without appeasing or satisfying the South. Five Southern members made a minority report in which still further concessions were demanded. They submitted what was known as the Crittenden Compromise, demanding six amendments to the Constitution for the avowed purpose of placing slavery under the guardianship and protection of the National Government, and, after the example of Mr. Adams's proposed amendment, intrenching the institution where agitation could not disturb it, where legislation could not affect it, where amendments to the Constitution would be powerless to touch it.

—The first amendment proposed that in "all the territory of the United States south of the old Missouri line, either now held or to be hereafter acquired, the slavery of the African race is recognized as existing, not to be interfered with by Congress, but to be protected as property by all the departments of the Territorial Government during its continuance."

—The second amendment declared that "Congress shall have no power to interfere with slavery even in those places under its exclusive jurisdiction in the slave States."

—The third amendment took away from Congress the exclusive jurisdiction over the District of Columbia, as guarantied in the Constitution, declaring that Congress should "never interfere with slavery in the District, except with the consent of Virginia and Maryland, so long as it exists in the State of Virginia or Maryland, nor without the consent of the inhabitants of the District, nor without just compensation for the slaves. Nor shall Congress prohibit officers of the General Government nor members of Congress from bringing with them their slaves to the District, holding them there during the time their duties may require them to remain, and afterwards taking them from the District."

—The fourth amendment prohibited Congress from interfering with the transportation of slaves from one State to another, or from one State to any Territory south of the Missouri line, whether that transportation be by land, by navigable river, or by the sea.

—The fifth amendment conferred upon Congress the power, and prescribed its duty, to provide for the payment to the owner of a fugitive slave his full value from the National Treasury, in all cases where the marshal was prevented from arresting said fugitive by violence or intimidation, or where the fugitive, after arrest, was rescued by force.

—The sixth amendment provided for a perpetual existence of the five amendments just quoted, by placing them beyond the power of the people to change or revise—declaring that "no future amendment to the Constitution shall ever be passed that shall affect any provision of the five amendments just recited; that the provision in the original Constitution which guaranties the count of three- fifths of the slaves in the basis of representation, shall never be changed by any amendment; that no amendment shall ever be made which alters or impairs the original provision for the recovery of fugitives from service; that no amendment shall be made that shall ever permit Congress to interfere in any way with slavery in the State where it may be permitted."

PROPOSITIONS OF COMPROMISE.

Before Mr. Corwin submitted his report, Mr. Charles Francis Adams appears to have become disgusted with his own proposition for the amendment of the Constitution. This disgust was caused by the refusal of the Southern members of the committee to agree to the declaration that "peaceful acquiescence in the election of the Chief Magistrate, accomplished in accordance with every legal and constitutional requirement, is the paramount duty of every good citizen of the United States." The proposition of Mr. Adams to this effect was amended by Mr. Millson of Virginia, who substituted "high and imperative" for "paramount." But even in this modified form, seven Southern members asked to be excused from voting upon it, and Mr. Adams seems wisely to have thought that "if there could not be agreement on a proposition so fundamental and essential as that, it was of no use to seek any remedy for the existence of evils by legislation of Congress." Mr. Adams, therefore, made a report dissenting from the committee, stating that he had changed his course, and now declined to recommend the very measures which he had in good faith offered. This was on the 14th of January.

On the 31st of January Mr. Adams changed his course again, and returned to the unqualified support of the measures proposed by the committee. In his speech of that date, he asked, addressing the South, "How stands the case, then? We offer to settle the question finally in all of the present territory that you claim, by giving you every chance of establishing Slavery that you have any right to require of us. You decline to take the offer because you fear it will do you no good. Slavery will not go there. Why require protection where you will have nothing to protect? . . . All you appear to desire it is for New Mexico. Nothing else is left. Yet you will not accept New Mexico at once, because ten years of experience have proved to you that protection has been of no use thus far." These are somewhat extraordinary words in 1861 from a man who in 1850 had, as a Conscience Whig, declined to support Mr. Webster for making in advance the same statements, and for submitting arguments that were substantially identical.

During the debate, in which Mr. Adams arraigned the Disunionists of the South with considerable power, he was somewhat embarrassed by a Southern member who quoted resolutions which Mr. Adams had introduced in the Massachusetts Legislature in 1844, and which had been passed by that body, respecting the annexation of Texas. He had declared therein, just as Josiah Quincy had declared with reference to the acquisition of Louisiana, "that the power to unite an independent foreign State with the United States is not among the powers delegated to the General Government by the Constitution of the United States." He declared, further, that "the Commonwealth of Massachusetts, faithful to the compact between the people of the United States, according to the plain meaning and intent in which it was understood and acceded to by them, is sincerely anxious for its preservation; and that it is determined, as it doubts not other States are, to submit to undelegated powers in no body of men on earth; and that the project of the annexation of Texas, unless resisted on the threshold, may tend to drive these States into a dissolution of the Union." This resolution of Mr. Adams was unfortunate in every respect for his position in the debate on that day, since it really included and justified every constitutional heresy entertained by Mr. Calhoun, and claimed for the State of Massachusetts every power of secession or dissolution which was now asserted by the Southern States.

Mr. Webster, in one of his ablest speeches (in reply to Mr. Calhoun in February, 1833), devoted his great powers to demonstrating that the Constitution was not "a compact," and that the people of the States had not "acceded" to it. Mr. Adams had unfortunately used the two words which, according to Mr. Webster, belonged only to the lexicon of disloyalty. "If," said Mr. Webster, "in adopting the Constitution nothing was done but acceding to a compact, nothing would seem necessary in order to break it up but to secede from the same compact." "Accession," as a word applied to political association, implies coming into a league, treaty, or confederacy. "Secession" implied departing from such league or confederacy. Mr. Adams had further declared that the people of Massachusetts are "faithful to the compact according to the plain meaning and intent in which it was understood by them." But according to Mr. Webster, and in accordance with the principles absolutely essential to maintain a constitutional government, Massachusetts had no part or lot in deciding the question which Mr. Adams's resolution covered. If Massachusetts reserved to herself the right to determine the sense in which she understood her accession to the compact of the Federal Government, she gave full warrant to South Carolina to determine for herself the sense of the compact to which she acceded, and therefore justified the action of the Southern States. Whether Texas was constitutionally or unconstitutionally annexed to the Union was no more to be decided by Massachusetts than the constitutionality of the prohibition of Slavery north of the Missouri line was to be decided by South Carolina. The position of Mr. Adams in 1844 had therefore returned to plague its inventor in 1861, and in a certain sense to weaken the position of the loyal States.

REPORT OF COMPROMISE COMMITTEE.

Various reports were submitted by members of the minority, of no special significance, differing often on immaterial points. The members from California and Oregon who represented the Breckinridge party of the North, united in a recommendation for a general convention to be called under the authority of the Constitution, to propose such amendments as would heal all existing differences, and afford sufficient guaranties to the growing interests of the government and people. The only bold words spoken were in the able report by Cadwallader C. Washburn of Wisconsin and Mason W. Tappan of New Hampshire. They made an exhaustive analysis of the situation in plain language. They reviewed ably and conclusively the report made by Mr. Corwin for the majority of the committee, and spoke as became men who represented the justice and the power of a great Republic. They vindicated the conduct of the General Government, and showed that the Union was not to be preserved by compromises nor by sacrifice of principle. They regarded the discontent and hostility in the South as without just cause, and intimated that those States might purchase at a high price some valuable information to be learned only in the school of experience. They embodied their entire recommendations in a single resolution in which they declared that the provisions of the Constitution were ample for the preservation of the Union; that it needed to be obeyed rather than amended; and that "our extrication from present difficulties is to be looked for in efforts to preserve and protect the public property and enforce the laws, rather than in new guaranties for particular interests, or in compromises, or concessions to unreasonable demands."

When the report of the committee of thirty-three came before the House for action, the series of resolution were first tested by a motion to lay upon the table, which was defeated by a vote of nearly two to one; and after angry debate running through several days, the resolutions, which were only directory in their character, were adopted by a large majority. When the constitutional amendment was reached, Mr. Corwin substituted for that which was originally draughted by Mr. Adams, an amendment declaring that "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." This was adopted by a vote of 133 to 65. It was numbered as the thirteenth amendment to the Federal Constitution, and would have made slavery perpetual in the United States, so far as any influence or power of the National Government could affect it. It intrenched slavery securely in the organic law of the land, and elevated the privilege of the slave-holder beyond that of the owner of any other species of property. It received the votes of a large number of Republicans who were then and afterwards prominent in the councils of the party. Among the most distinguished were Mr. Sherman of Ohio, Mr. Colfax, Mr. C. F. Adams, Mr. Howard of Michigan, Mr. Windom of Minnesota, and Messrs. Moorhead and McPherson of Pennsylvania. The sixty-five negative votes were all Republicans whom the excitement of the hour did not drag from their moorings, and many of whom have since done, as they had done before, signal service for their party and their country. Thaddeus Stevens was at their head, and he was sustained by the two Washburns, by Bingham of Ohio, by Roscoe Conkling, by Anson Burlingame, by Owen Lovejoy, by Marston and Tappan of New Hampshire, by Galusha A. Grow, by Reuben E. Fenton, and by others who, if less conspicuous, were not less deserving.

When the proposition reached the Senate, it was adopted by a vote of 24 to 12, precisely the requisite two-thirds. Among those who aided in carrying it were Hunter of Virginia, Nicholson of Tennessee, Sebastian of Arkansas, and Gwin of California, who soon after proceeded to join the Rebellion. Eight Republican senators, Anthony of Rhode Island, Baker of Oregon, Dixon and Foster of Connecticut, Grimes and Harlan of Iowa, Morrill of Maine, and Ten Eyck of New Jersey, voted in the affirmative. Only twelve out of twenty-five Republican senators voted in the negative. Mr. Seward, Mr. Fessenden, Mr. Collamer, and others among the weightiest Republican leaders are not recorded as voting. As pairs were not announced, it may be presumed that they consented to the passage of the amendment. Before the resolution could reach the States for concurrence, either by convention or Legislature, the evidences of Southern outbreak had so increased that all such efforts at conciliation were seen to be vain, and in the end they proved hurtful. Only two States, Maryland and Ohio, gave their assent to the amendment. In the New- England States it was rejected, and in many it was not acted upon. Whoever reads the thirteenth amendment to the Constitution as it now stands, and compares it with the one which was proposed by the Thirty-sixth Congress, will be struck with the rapid revolution of public sentiment, and will not be at a loss to draw some useful lessons as to the course of public opinion and the conduct of public men in times of high excitement.

THE CRITTENDEN COMPROMISE.

The propositions of the committee of thirty-three to admit New Mexico as a slave State, and to amend the Fugitive-slave Law, were both passed by the House, but were defeated or not acted upon in the Senate. In that body the efforts of the friends of conciliation were mainly confined to the Crittenden compromise which has already been outlined in the proceedings of the House. But for the eminent respectability of the venerable senator from Kentucky, his propositions would have had short consideration. They were of a character not to be entertained by a free people. They dealt wholly in the finding of new guaranties for slavery, without attempting to intimate the possible necessity of new guaranties for freedom. Perhaps the most vicious feature in this whole series of proposed amendments to the Constitution was the guaranty of slavery against the power of Congress in all territory of the United States south of 36° 30´. This offered a premium upon the acquisition of territory, and was an encouragement to schemes of aggression against friendly powers south of the United States, which would always have had the sympathy and support of one-half the Union, and could hardly have been resisted by any moral power of the General Government. It would have opened anew the old struggle for equality between free States and slave States, and would in all probability have led the country to war within three years from its adoption,—war with Mexico for the border States of that Republic, war with Spain for the acquisition of Cuba. This would have followed as matter of policy with Southern leaders, whether they intended to abide in the Union, or whether they intended, at some more advantageous and opportune moment, to secede from it. If they concluded to remain, their political power in the National Government would have been greatly increased from the acquisition of new States. If they desired to secede, they would have acquired a much more formidable strength and vastly larger area by the addition of Southern territory to which the Crittenden propositions would not only have invited but driven them.

While these propositions were under discussion, Mr. Clark of New Hampshire offered as a substitute the resolution with which Messrs. Washburn and Tappan had closed their report in the House,—a resolution of which Mr. Clark was the author, and which he had previously submitted to the consideration of the Senate. The test question in the Senate was whether Mr. Clark's resolution should be substituted for the Crittenden proposition, and this was carried by a vote of 25 to 23. The twenty-five were all Republicans; the twenty-three were all Democrats, except Mr. Crittenden of Kentucky and Mr. Kennedy of Maryland, who had been supporters of Mr. Bell in the Presidential election. It is a fact worthy of note that six senators from the extreme Southern States sat in their seats and refused to vote on the proposition. Had they chosen they could have defeated the action. But they believed, with a certain consistency and wisdom, that no measure could be of value to the South unless it had the concurrence of senators from the North; and with this motive they imposed upon the Republicans of the Senate the responsibility of deciding the Crittenden proposition. It was matter of congratulation with Republicans who did not lose their judgment in that trying season, that the Senate stood firmly against the fatal compromise which was urged by so many strong influences. Much was forgiven for other unwise concessions, so long as this was definitely rejected.