No. IV.
[The action of both houses of Congress in relation to the Peace Conference, and the propositions of amendments therein adopted, would seem to form a portion of its history. I shall endeavor to furnish their action so far as it can be separated from other matters connected with the propositions presented. Immediately after the adoption of the resolutions of Virginia, under which the Conference was called, and on the 28th of January, 1861, the following proceedings took place in the House of Representatives of the United States.]
| House of Representatives, | } |
| Washington, Monday, January 28th, 1861. |
The Speaker, Hon. Wm. Pennington, laid before the House a message from the President of the United States, which was read by the Clerk, as follows:
To the Senate and House of Representatives of the United States:
I deem it my duty to submit to Congress a series of resolutions adopted by the Legislature of Virginia, on the 19th inst., having in view a peaceful settlement of the exciting questions which now threaten the Union. They were delivered to me on Thursday the 24th inst., by ex-President Tyler, who has left his dignified and honored retirement, in the hope that he may render service to his country in this its hour of peril. These resolutions, it will be perceived, extend an invitation "to all such States, whether slaveholding or non-slaveholding, as are willing to unite with Virginia in an earnest effort to adjust the present unhappy controversies in the spirit in which the Constitution was originally formed, and consistently with its principles, so as to afford to the people of the slaveholding States adequate guarantees for the security of their rights, to appoint Commissioners to meet, on the 4th day of February next, in the City of Washington, similar Commissioners appointed by Virginia, to consider, and, if practicable, agree upon some suitable adjustment."
I confess I hail this movement, on the part of Virginia, with great satisfaction. From the past history of this ancient and renowned Commonwealth, we have the fullest assurance that what she has undertaken she will accomplish, if it can be done by able, enlightened, and persevering efforts. It is highly gratifying to know that other patriotic States have appointed, and are appointing Commissioners to meet those of Virginia in council. When assembled, they will constitute a body entitled, in an eminent degree, to the confidence of the country.
The General Assembly of Virginia have also resolved "that ex-President John Tyler is hereby appointed by the concurrent vote of each branch of the General Assembly, a Commissioner to the President of the United States; and Judge John Robertson is hereby appointed, by a like vote, a Commissioner to the State of South Carolina, and the other States that have seceded or shall secede, with instructions respectfully to request the President of the United States and the authorities of such States to agree to abstain, pending the proceedings contemplated by the action of this General Assembly, from any and all acts calculated to produce a collision of arms between the States and the Government of the United States."
However strong may be my desire to enter into such an agreement, I am convinced that I do not possess the power. Congress, and Congress alone, under the war-making power, can exercise the discretion of agreeing to abstain "from any and all acts calculated to produce a collision of arms" between this and any other Government. It would, therefore, be a usurpation for the Executive to attempt to restrain their hands by an agreement in regard to matters over which he has no constitutional control. If he were thus to act, they might pass laws which he should be bound to obey, though in conflict with his agreement.
Under existing circumstances, my present actual power is confined within narrow limits. It is my duty at all times to defend and protect the public property within the seceding States so far as this may be practicable, and especially to employ all constitutional means to protect the property of the United States, and to preserve the public peace at this the seat of the Federal Government. If the seceding States abstain "from any and all acts calculated to produce a collision of arms," then the danger so much to be deprecated will no longer exist. Defence, and not aggression, has been the policy of the administration from the beginning.
But while I can enter into no engagement such as that proposed, I cordially commend to Congress, with much confidence that it will meet their approbation, to abstain from passing any law calculated to produce a collision of arms pending the proceedings contemplated by the action of the General Assembly of Virginia. I am one of those who will never despair of the Republic. I yet cherish the belief that the American people will perpetuate the Union of the States on some terms just and honorable for all sections of the country. I trust that the mediation of Virginia may be the destined means, under Providence, of accomplishing this inestimable benefit. Glorious as are the memories of her past history, such an achievement, both in relation to her own fame and the welfare of the whole country, would surpass them all.
JAMES BUCHANAN.
The "series of resolutions" referred to, and transmitted in President Buchanan's message to Congress, are in the body of this book on pages [9] and [10].
The following communication by the Governor of Virginia to the General Assembly thereof, was also submitted with the President's Message:
The Commonwealth of Virginia,
to all to whom these presents shall come, greeting:
Know you, that the General Assembly of the Commonwealth of Virginia, having, by joint resolution, adopted on the 19th instant, and hereto attached, appointed ex-President John Tyler a Commissioner to the President of the United States to carry out the instructions conveyed in said resolution: therefore, I, John Letcher, Governor, do hereby announce the said appointment, and authenticate the same.
| [L.S.] | In testimony whereof, I have hereunto set my hand, and caused the great seal of the State to be affixed, in the City of Richmond, this 20th day of January, Anno Domini 1861. |
JOHN LETCHER.
By the Governor:
George W. Munford,
Secretary of the Commonwealth.
Mr. STANTON:—I move that that message be printed, and referred to the Standing Committee on Military Affairs.
Mr. JOHN COCHRANE:—I move as an amendment to that motion, that it be referred to the special committee of five.
Mr. HOWARD, of Michigan:—I would suggest that whatever committee the message is referred to, ought to have power to report it back at any time; otherwise it will be locked up where the House cannot control it.
Mr. BURCH:—The gentleman from Virginia only yielded the floor for the reading of the message, and is now entitled to the floor.
The SPEAKER:—It is proper that the message should be disposed of in some way.
Mr. STANTON:—If the House will allow me, I will move that the message be referred to the Standing Committee on Military Affairs, with power to report on it at any time.
The SPEAKER:—That motion is not in order. A motion has been made to refer the message to the Committee on Military Affairs, and the gentleman from New York moves, as an amendment, that it be referred to the special committee of five.
Mr. BOCOCK:—If there is to be any debate on this motion, it should be allowed to go over until my colleague (Mr. Pryor) makes his speech.
Mr. STANTON:—I move the previous question.
Mr. CURTIS:—The question should first be taken on the motion to refer to the Committee on Military Affairs.
The SPEAKER:—That statement is correct. The question is on referring the message to the Military Committee.
Mr. BOCOCK:—I am bound to interpose on behalf of my colleague, who says he only yielded to have the message read.
Mr. STANTON:—The previous question is demanded, and that will put an end to the matter at once.
Mr. MILLSON:—I think the question deserves some little consideration. I therefore move to postpone the further consideration of the President's message till to-morrow.
Mr. STANTON:—Very well; let that course be taken.
The motion was agreed to.
After the report of the Peace Conference had been transmitted to the House of Representatives, and while the joint resolutions were under consideration, several ineffectual attempts were made to get the labors of the Conference before the House. Here is one of the first:
Mr. MAYNARD:—It is known, I suppose, to most members of the House, informally and unofficially, that what is known as the Peace Conference, to which the country has been looking for several days, has concluded its labors and dissolved. [Cries of "Order!">[ I desire to make a proposition.
Mr. BINGHAM, and others objected.
Mr. MAYNARD:—I have a right to make a proposition.
Mr. CRAIGE, of North Carolina:—I call the gentleman to order, and insist upon the enforcement of the rules.
Mr. MAYNARD [amid loud cries of "Order!">[ moved to postpone the vote upon the pending propositions until to-morrow after the morning hour.
And again, the same day, February 27th, the following effort was made:
Mr. McCLERNAND:—I wish to state that I understand there is on the Speaker's table a communication from the president of the Peace Conference. I ask the unanimous consent of the House that it be taken up and read.
Mr. LOVEJOY:—I object.
So action was further delayed.
March 1st, 1861.—When a communication from the Navy Department came up for consideration in the House, the motion to postpone the special order brought out the following action on the communication of the Peace Conference:
The SPEAKER:—There is a communication, which has been for some time lying upon the Speaker's table, from the president of the Peace Conference. The Chair thinks it is right that it should be taken up.
Mr. LOVEJOY:—I object.
Mr. GROW:—I call for the regular order of business.
The SPEAKER:—The Chair has not thought proper to present it until the propositions of the Committee of Thirty-three had been disposed of; but he thinks it right that they should now be presented.
Mr. STEVENS, of Pennsylvania:—I object, on behalf of John Tyler, who does not want them in. [Laughter.]
Mr. McCLERNAND:—I move to suspend the rules.
Mr. GROW:—I call for the regular order of business.
The SPEAKER:—The Chair thinks he ought to have the privilege of presenting these papers.
Mr. GROW:—I rise to a question of order. The territorial business is the special order. I am entitled to the floor; and I submit that it cannot be taken from me by any motion to suspend the rules.
The SPEAKER:—The Chair thinks the motion to suspend the rules is in order.
Mr. GROW:—The Chair can hardly understand my question of order. It is that the territorial business is the special order, made so by a suspension of the rules. While that is pending, therefore, by the uniform decision of the House, no motion can be entertained to suspend the rules.
The SPEAKER:—The territorial business was made the special order for the two succeeding days after the propositions reported by the Committee of Thirty-three had been disposed of.
Mr. BOTELER:—I want to know if there is any business, or can be any business, that should take precedence of these propositions of the Peace Conference?
Mr. LOVEJOY:—Yes, sir; there are ten thousand things that should take precedence.
The SPEAKER:—The Chair decides that the gentleman from Illinois [Mr. McClernand] has the floor, and is entitled to make the motion to suspend the rules.
Mr. GROW:—Do I understand the Chair to decide that the business of the Territories does not come up to-day?
The SPEAKER:—The Chair is of opinion that, under a strict construction of the rule, it would properly come up to-morrow.
Mr. GROW:—I appeal from the decision of the Chair.
Mr. HATTON: I move to lay that appeal on the table.
Mr. HICKMAN:—Upon that motion, I call for tellers.
Mr. WASHBURNE, of Illinois:—Before the House divides upon the appeal, I desire the Chair to state precisely what the point of order is that we are to vote upon.
The SPEAKER:—The Chair decided that the gentleman from Illinois [Mr. McClernand] had the floor, and was in order in moving to suspend the rules for the purpose of receiving the communication the Chair desired to lay before the House. From that decision an appeal was taken, and a motion made to lay the appeal on the table. The question is now upon the latter motion.
Mr. GROW:—I rise to a question of order again. The Chair has not stated my question of order correctly. My point of order was, that the business of the Territories was set down as a special order immediately after the disposal of the business of the Committee of Thirty-three.
Mr. HATTON:—I call the gentleman from Pennsylvania to order.
Mr. GROW:—I have the right to state my point of order.
The SPEAKER:—The gentleman from Pennsylvania will state his point of order.
Mr. GROW:—It is, that the Territorial business having been made the special order, comes up now as the regular order of business.
The SPEAKER:—The Chair decides that the gentleman from Illinois obtained the floor, and had the right to submit the motion to suspend the rules.
Mr. GROW:—He had no right to take the floor from me for any such purpose.
The SPEAKER:—The Chair overrules the question of order.
Mr. GROW:—And from that decision I take an appeal.
The SPEAKER:—The appeal is already pending; and a motion has been made to lay the appeal on the table.
Mr. GROW:—I call for tellers on the motion.
Tellers were ordered, and Messrs. Adrain and Grow were appointed.
The House divided; and the tellers reported—forty-seven in the affirmative.
Mr. HOWARD, of Michigan:—I move that the House adjourn.
Before the vote had been taken on the motion, the hour of five arrived; and
The Speaker declared the House had taken a recess until seven o'clock.
EVENING SESSION.
The House reassembled at seven o'clock p.m.
COMMUNICATION OF THE PEACE CONFERENCE.
Mr. GROW:—What is the regular order of business?
The SPEAKER:—The Chair had decided that the gentleman from Illinois [Mr. McClernand] was entitled to the floor, to move that the rules be suspended to receive a communication from the Peace Conference. From that decision the gentleman from Pennsylvania [Mr. Grow] appealed; and a motion was made to lay the appeal on the table.
Mr. McCLERNAND:—I think we can perhaps agree to an arrangement that will be satisfactory to gentlemen upon both sides, by which any difficulty upon the question of order can be avoided. If gentlemen upon that side of the House will allow the propositions to be presented, we are willing that they shall be referred, and the House then proceed to the consideration of the territorial business.
Mr. KELLOGG, of Illinois:—I hope that will be done.
Mr. LOVEJOY:—I object to the reception of the proposition.
Mr. HICKMAN:—There are but few members present. I move that there be a call of the House.
The motion was disagreed to.
Mr. HICKMAN:—I ask the Chair for his judgment whether there is a quorum present or not.
The SPEAKER:—In the opinion of the Chair, a quorum is not present.
Mr. McCLERNAND:—I inquire whether there is any objection to the propositions of the Peace Conference being taken up and referred?
Mr. LOVEJOY:—I certainly object in toto cœlo to any such proposition.
Mr. BOTELER:—I desire to ask this question: can any member object to the reception of a communication from the Peace Congress?
Mr. LOVEJOY:—It is not a Peace Congress at all. There is no such body known to this House.
Mr. BOTELER:—I merely ask the question for information, for I do not profess to be familiar with the rules; I desire to know whether the objection of a single member can defeat the reception of such a proposition, especially when that single member is known not to be a conservative man, but a man opposed to all compromises?
The SPEAKER:—The Chair will suggest that a great deal of time will be saved by having a call of the House, as there is evidently no quorum present.
A call of the House was taken. A quorum having appeared, the House proceeded to dispose of several special orders, when, on a motion of postponement, it returned in this wise to the Peace Conference:
Mr. LOGAN:—I demand the yeas and nays on the motion to postpone.
The yeas and nays were not ordered.
The special order was then postponed.
Mr. McCLERNAND:—I now move to suspend the rules of the House, for the purpose of receiving the memorial of the Peace Congress, which assembled lately in this city.
Mr. GROW:—To be received? What for?
Mr. McCLERNAND:—For reference I suppose.
Mr. BURNETT:—No; but to get it in, and put it upon its passage.
The SPEAKER:—The Chair understood the proposition to be, that the rules should be suspended, in order that the paper should be received for reference.
Mr. McCLERNAND:—I withdraw that part of the proposition.
Mr. SICKLES:—If it be received, it is then in the power of the House to do with it what it pleases.
Mr. GROW:—The understanding was that the motion should be made for the suspension of the rules only to receive the proposition.
Mr. SICKLES:—That is all right. When the paper gets in, the House can do with it what it may deem fit.
Mr. LOVEJOY:—I demand the yeas and nays.
The yeas and nays were ordered.
Mr. SHERMAN:—Is it proposed to act on the memorial of the Peace Congress?
Mr. SICKLES:—If it comes before the House, it will be for us to say what disposition shall be made of it. [Cries of "Call the roll!">[
Mr. CRAIGE, of North Carolina:—This motion is merely for the suspension of the rules to receive the proposition, and this, therefore, may be considered a test vote. [Cries of "Call the roll!">[
The question was taken; and it was decided in the negative—yeas 93, nays 67; as follows:
Yeas.—Messrs. Charles F. Adams, Green Adams, Adrain, Aldrich, William C. Anderson, Avery, Barr, Barret, Bocock, Boteler, Brabson, Branch, Briggs, Bristow, Brown, Burch, Burnett, Campbell, Horace F. Clark, John B. Clark, John Cochrane, Corwin, James Craig, John G. Davis, De Jarnette, Dunn, Etheridge, Florence, Foster, Fouke, Garnett, Gilmer, Hale, Hall, Hamilton, J. Morrison Harris, John T. Harris, Haskin, Hatton, Hoard, Holman, William Howard, Hughes, Jenkins, Junkin, William Kellogg, Killinger, Kunkel, Larrabee, James M. Leach, Leake, Logan, Maclay, Mallory, Charles D. Martin, Maynard, McClernand, McKenty, McKnight, McPherson, Millson, Millward, Laban T. Moore, Moorehead, Edward Joy Morris, Nelson, Niblack, Nixon, Olin, Pendleton, Peyton, Phelps, Porter, Pryor, Quarles, John H. Reynolds, Rice, Riggs, James C. Robinson, Sickles, Simms, William N.H. Smith, Spaulding, Stevenson, William Stewart, Stokes, Thomas, Vance, Webster, Whiteley, Winslow, Woodson, and Wright—93.
Nays.—Messrs. Alley, Ashley, Bingham, Blair, Brayton, Buffinton, Burlingame, Burnham, Carey, Case, Coburn, Colfax, Conway, Burton Craige, Dawes, Delano, Duell, Edgerton, Eliot, Ely, Fenton, Ferry, Frank, Gooch, Graham, Grow, Gurley, Helmick, Hickman, Hindman, William A. Howard, Hutchins, Irvine, Francis W. Kellogg, Kenyon, Loomis, Lovejoy, McKean, Morrill, Morse, Palmer, Perry, Potter, Pottle, Christopher Robinson, Royce, Ruffin, Sedgwick, Sherman, Somes, Spinner, Stanton, Stevens, Tappan, Tompkins, Train, Vandever, Van Wyck, Wade, Waldron, Walton, Cadwalader C. Washburn, Elihu B. Washburne, Wells, Wilson, Windom, and Woodruff—67.
So (two thirds not voting in favor thereof) the rules were not suspended.
During the vote,
Mr. WOODSON said:—I rise for information. What are we voting on? [Cries of "Order!">[ I cannot for my life imagine how this can be regarded as a test vote. I will vote to receive the proposition of the Peace Conference; but on its passage I will vote against it.
The SPEAKER:—The motion is, to suspend the rules for the reception of the memorial.
Mr. CRAIGE, of North Carolina:—I understood the gentleman from Illinois to state that this was a test vote.
The SPEAKER:—The Chair cannot undertake to decide whether it is a test vote or not.
Mr. John Cochrane stated that his colleagues, Mr. Clark B. Cochrane and Mr. Lee, were paired.
Mr. CRAIGE, of North Carolina:—I would have no objection, Mr. Speaker, to permit this resolution to come before the House, but I understood the gentleman from Illinois to proclaim that this was a test vote. Utterly opposed to any such wishy-washy settlement of our national difficulties, I vote "no."
Mr. Curtis stated that he was paired with Mr. Anderson, of Missouri.
Mr. FOSTER:—While I am willing to vote for the reception of the memorial of the Peace Congress, of which I was a member, still I am unwilling to be considered as favoring their proposition. Is this vote a test vote on that proposition?
The SPEAKER:—The Chair does not think that it is; but each gentleman will decide for himself.
Mr. HALE:—I am willing to receive this memorial in courtesy to the Peace Conference; and not regarding this as a test vote, I vote "ay."
Mr. Leach, of Michigan, stated that he had paired with Mr. English, or he would have voted in the negative.
Mr. LEAKE (when his name was called) said that he regarded this thing as a miserable abortion, forcibly reminding one of the old fable of the mountain and the mouse; nevertheless, he was willing to let the mouse in, in order to have the pleasure of killing it.
Mr. RUFFIN:—As it is announced that this is a test vote, I am compelled to vote "no." Otherwise, I would have been willing to let the matter be brought before the House for its consideration.
Mr. JENKINS:—Who can make this a test vote? Certainly no man in this House. This is a vote to receive the memorial, and nothing more.
Mr. Wilson stated that Mr. Vallandigham was paired with Mr. Beale.
Mr. Junkin stated that his colleague, Mr. Montgomery, was detained at home by illness.
Mr. Nixon stated that his colleague, Mr. Stratton, was detained at his room by illness, and that if he were present, he would vote to receive the memorial of the Peace Conference.
Mr. Ely stated that his colleague, Mr. Lee, was detained at his room by indisposition.
Mr. Pendleton stated that his colleague was detained at his room by indisposition.
Mr. Campbell stated that his colleague, Mr. Scranton, was absent from the Hall because of illness.
Mr. POTTER:—As this is a test vote, I vote "no."
Mr. BRAYTON:—I understand this to be a test vote, and therefore vote "no."
Mr. HOARD:—These papers are not before us. They are not printed, and we cannot be supposed to know any thing of them; and I would ask, therefore, how they can be regarded as a test vote? I vote "ay."
Mr. BOCOCK:—Mr. Speaker, out of deference to the Peace Conference, called as it was by my State, I vote to receive this report. But unless the report, as it appears in the papers, can be amended, it cannot receive my approval.
Mr. SHERMAN:—I vote against this, simply because we have no time to consider it.
Mr. HINDMAN:—I vote against suspending the rules, because I desire to defeat the proposition of the Peace Conference, believing it to be unworthy of the vote of any Southern man.
Mr. Cox (not being within the bar when his name was called) asked leave to vote.
Mr. Washburne, of Illinois, objected.
Mr. GARNETT:—Mr. Speaker, intending and desiring to express my abhorrence of these insidious propositions, conceived in fraud and born of cowardice, by giving a direct vote against them, yet from respect for the conference which reported them, I am willing to receive them, and therefore now vote "ay."
Mr. HARRIS, of Virginia:—I vote "ay," because I am in favor of the resolutions as a peace measure.
Mr. MAYNARD:—Believing these propositions eminently wise and just, I will let my vote stand in the affirmative.
Mr. BURNETT:—I hope the Chair will enforce the rules.
The SPEAKER:—I am trying to, all I can; and I hope gentlemen will keep their seats and preserve order.
Mr. DE JARNETTE:—I vote "ay," with the hope of having an opportunity to vote against the propositions of the Peace Conference.
Mr. BOTELER:—I vote "ay," to introduce these propositions, because I believe it to be my duty to do every thing, consistent with honor, to preserve the peace and save the Union of my country.
Mr. COX:—I desire to ask a question of the Chair.
The SPEAKER:—The Chair will hear you.
Mr. COX:—I desire to know whether or not it will be in order to move to suspend the rules to enable me to have my vote recorded?
Mr. SPEAKER:—No, sir.
Mr. COX:—I would like very much to have it recorded in favor of these peace propositions. I vote "ay," if there is no objection.
Mr. HINDMAN:—Consent is not given to the gentleman from Ohio to have his vote recorded.
The SPEAKER:—It is not received.
Mr. ROBINSON, of Rhode Island:—Believing that this is a test vote, I change my vote, and vote "no."
Mr. JOHN COCHRANE:—I wish to know whether the vote of my colleague, Clark B. Cochrane, is recorded.
The SPEAKER:—It is not.
Mr. JOHN COCHRANE:—I think he has retired from the House on account of sickness in his family; and I believe he is laboring for the Union in other quarters.
Mr. MILLSON:—I desire to vote.
Objection was made.
Mr. MILLSON:—I am entitled to vote, having been absent upon a committee of conference. I vote "ay."
Mr. HINDMAN:—Is the gentleman entitled to vote under the rules of the House?
Mr. BARR:—Objection comes too late.
The SPEAKER:—It has been usual to allow gentlemen to vote under such circumstances.
Mr. HICKMAN:—Do the rules allow him to vote?
The SPEAKER:—The Chair supposes that is the rule of the House.
Mr. HINDMAN:—I ask to have the rule read.
Mr. MILLSON:—No rule of the House could take away the right of a member to vote when he is absent by order of the House. If the rules deprived a member of the right to vote under such circumstances, it would be void.
The result was announced as above recorded.
Mr. McCLERNAND:—This vote divides the Republican party, and sounds its death knell.