RULES.
I. A Convention to do business, shall consist of the Commissioners of not less than seven States; and all questions shall be decided by the greater number of those which be fully represented. But a less number than seven may adjourn from day to day.
II. Immediately after the President shall have taken the chair, and the members their seats, the minutes of the preceding day shall be read by the Secretary.
III. Every member, rising to speak, shall address the President; and while he shall be speaking none shall pass between them, or hold discourse with another, or read a book, pamphlet, or paper, printed or manuscript; and of two members rising to speak at the same time, the President shall name him who shall first be heard.
IV. A member shall not speak oftener than twice, without special leave upon the same question; and not a second time before every other who had been silent shall have been heard, if he choose to speak upon the subject.
V. A motion made and seconded, shall be repeated; and if written, as it shall be when any member shall so require, read aloud by the Secretary before it shall be debated; and may be withdrawn at any time before the vote upon it shall have been declared.
VI. Orders of the day shall be read next after the minutes, and either discussed or postponed, before any other business shall be introduced.
VII. When a debate shall arise upon a question, no motion, other than to amend the question, to commit it, or to postpone the debate, shall be received.
VIII. A question which is complicated, shall, at the request of any member, be divided and put separately upon the propositions of which it is compounded.
IX. A writing which contains any matter brought on to be considered, shall be read once, throughout, for information; then by paragraphs, to be debated, and again with the amendments, if any, made on the second reading, and afterwards the question shall be put upon the whole, as amended or approved in the original form, as the case may be.
X. Committees shall be appointed by the President, unless otherwise ordered by the Convention.
XI. A member may be called to order by another member, as well as by the President, and may be allowed to explain his conduct or expressions supposed to be reprehensible. And all questions of order shall be decided by the President, without appeal or debate.
XII. Upon a question to adjourn for the day, which may be made at any time, if it be seconded, the question shall be put without debate.
XIII. When the Convention shall adjourn, every member shall stand in his place until the President pass him.
XIV. That no member be absent from the Convention, so as to interrupt the representation of the State, without leave.
XV. That Committees do not sit while the Convention shall be, or ought to be sitting, without leave of the Convention.
XVI. That no copy be taken of any entry on the Journal, during the sitting of the Convention, without leave of the Convention.
XVII. That members only be permitted to inspect the Journal.
XVIII. Mode of Voting. All votes shall be taken by States, and each State to give one vote. The yeas and nays of the members shall not be given or published—only the decision by States.
After the adoption of the foregoing Rules, the Conference adjourned until 10 o'clock to-morrow morning.
FOURTH DAY.
Washington, Thursday, February 7th, 1861.
The Conference convened, pursuant to the adjournment yesterday, at 10 o'clock a.m.
It was called to order by President Tyler, and prayer was offered by Rev. Dr. Pyne, of Washington.
The Journal of yesterday was read, and after sundry amendments, was approved.
Messrs. J.H. Puleston, John Stryker, W.W. Hoppin, Jr., and —— Olcott, took their places as Assistant Secretaries.
President TYLER:—Gentlemen of the Conference, as directed by the resolution which you adopted yesterday, I addressed a note to the President of the United States, asking at what hour it would be agreeable to him that this Conference should call on him in a body. To this note I have received a reply which will be read by the Secretary.
The Secretary then read the following note from the President:
Executive Mansion, February 6th, 1861.
My Dear Sir:—I shall feel greatly honored to receive the gentlemen composing the Convention of Commissioners from the several States, on any day and at any hour most convenient to themselves. I shall name to-morrow (Thursday) at 11 or 3 o'clock, though any other time would be equally agreeable to me. I shall at all times be prepared to give them a cordial welcome.
Yours, very respectfully,
JAMES BUCHANAN.
His Excellency, John Tyler.
The PRESIDENT:—What order will the Conference take upon the subject?
Mr. GUTHRIE:—I move that the members of this Conference call in a body upon the President of the United States this morning, at 11 o'clock.
Mr. Guthrie's motion was adopted unanimously.
Mr. SUMMERS:—I am instructed by the Committee on Credentials further to report, that the committee have examined the credentials of the following gentlemen, and find them duly accredited as members of this body:
New York.—William E. Dodge.
Tennessee.—Samuel Milligan, Josiah M. Anderson, Robert L. Carruthers, Thomas Martin, Isaac R. Hawkins, R.J. McKinney, Alvin Cullom, William P. Hickerson, George W. Jones, F.K. Zollicoffer, William H. Stephens, A.W.O. Totten.
Illinois.—John Wood, Stephen T. Logan, John M. Palmer, Burton C. Cook, Thomas J. Turner.
Which report was accepted, and the names of the Commissioners were entered upon the record.
Mr. WICKLIFFE:—Certain printing has been ordered, but no provision has been made for paying for it. The Committee on Rules have therefore requested me to report the following resolution:
Resolved, That the Secretary procure for the use of the Convention the necessary stationery, and also provide for such printing as may be ordered. That the Journal, up to and including this day's proceeding, as well as the Rules, be printed for the use of the members.
The resolution of Mr. Wickliffe was agreed to.
The PRESIDENT:—The respective delegations have recommended, and the Chair announces the names of the following gentlemen to compose the committee ordered to be raised under the resolution of Mr. Guthrie, which was adopted yesterday:—New Hampshire, Asa Fowler; Vermont, Hiland Hall; Rhode Island and Providence Plantations, Samuel Ames; Connecticut, Roger S. Baldwin; New Jersey, Joseph F. Randolph; Pennsylvania, Thomas White; Delaware, Daniel M. Bates; North Carolina, Thomas Ruffin; Kentucky, James Guthrie; Ohio, Thomas Ewing; Indiana, Caleb B. Smith; Illinois, Stephen T. Logan; Iowa, James Harlan; Maryland, Reverdy Johnson; Virginia, James A. Seddon.
Mr. WICKLIFFE:—The Committee on Rules have further considered the rule relating to the secrecy of the debates and proceedings of this body, and their convictions as to the necessity and propriety of its adoption remain unchanged. The prospect of an ultimate agreement among the Commissioners composing this body, in the opinion of the committee, would be materially lessened if all or any of its debates should be made public, for reasons which have already been stated. If any gentleman should desire to communicate with the Executive or Legislative authorities of his State any facts, during the progress of our business, I apprehend little difficulty would be experienced in obtaining the leave of the Convention. We therefore recommend the following Rule:
XIX. That nothing spoken in the Convention be printed, or otherwise published or communicated, without leave.
Mr. SEDDON:—I do not desire to discuss the adoption of the rule under consideration any further than I have already. The Commissioners from the State of Virginia are appointed under resolutions which make it their duty to communicate from time to time with her deliberative assemblies. We do not wish to have our right to do so subject to the action of this or any other body. It is no answer to this to say, that there is no doubt that the leave to make the necessary communications will be accorded to us when we ask it. We do not wish to ask it. We insist upon our rights in this respect, as it is our duty to the State that sent us here to do.
The rule was adopted upon a count of the members voting.
On motion, the Convention adjourned.
After the adjournment, the Convention in a body called upon the President of the United States, when the several delegations were introduced by President Tyler, and the several Commissioners were presented by the chairmen of the several delegations.
FIFTH DAY.
Washington, Friday, February 8th, 1861.
The Convention was called to order at 12 o'clock by President Tyler. Prayer was offered by Rev. Dr. Butler. After sundry amendments, the Journal was approved.
Mr. SUMMERS:—I am directed by the Committee on Credentials to report that they find the following gentlemen duly accredited as members of the Convention:
New York.—David Dudley Field, William Curtis Noyes, James S. Wadsworth, Erastus Corning, Amaziah B. James, James C. Smith, Addison Gardner, Greene C. Bronson, John A. King, John E. Wool.
Massachusetts.—John Z. Goodrich, John M. Forbes, Richard P. Waters, Theophilus P. Chandler, Francis B. Crowninshield, George S. Boutwell, Charles Allen.
Missouri.—John D. Coalter, Alexander W. Doniphan, Waldo P. Johnson, Aylett H. Buckner, Harrison Hough.
On motion of the respective delegations the following gentlemen were added to the committee raised on the resolution of Mr. Guthrie:
New York.—Mr. Field.
Missouri.—Mr. Doniphan.
Tennessee.—Mr. Zollicoffer.
Mr. GUTHRIE:—I am instructed by the committee raised upon the resolution introduced by myself, to inform the Convention that that body is not able to report to-day, agreeable to the suggestion made at the time they were appointed. Several States are yet unrepresented on the committee, and delegations from some of them have only arrived this morning. I am therefore directed to ask for further time to make a report, assuring the Convention, at the same time, that a report will be made at soon as a proper regard to the interests of all sections will permit it to be done.
Mr. CLAY:—I move that the time for the report of the committee be extended until Monday next. As in the mean time there will be little business for the Convention to do, and that of a formal character, it might be as well to adjourn from this time until Monday; and I move further, that if delegates arrive from States now unrepresented, they may present their credentials to the committee, and if no question arises on them, they may then select a member of the committee on Mr. Guthrie's resolution, and report his name to the Secretary of that committee.
Mr. SEDDON:—I object to an adjournment until Monday. We can meet here to-morrow and do any business which may come before us.
The several motions of Mr. Clay, with the alteration suggested by Mr. Seddon, were then agreed to without a division.
Mr. ELLIS:—I move that the President be requested to issue cards of admission to the members and officers of this Convention.
Which motion was adopted.
Mr. HITCHCOCK:—I would like to understand whether we all construe the rule referring to the secrecy of our transactions alike. I am told that different constructions are placed upon it by different members, and would suggest the propriety of the President's giving his views of the meaning of the rule.
The PRESIDENT:—I understand, by the correct interpretation of the rule, that nothing which is said or done in the Convention having reference to any subject of business in it, can be spoken of or disclosed to any but members.
The Convention then adjourned.
SIXTH DAY.
Washington, Saturday, February 9th, 1861.
The Convention was called to order by the President. Prayer was offered by Rev. Dr. Bullock. The Journal was read, corrected, and approved.
Mr. SUMMERS:—I am directed by the Committee on Credentials to report as members of this Convention the names of the following gentlemen from the State of Maine:—William P. Fessenden, Lot M. Morrill, Daniel E. Somes, John J. Perry, Ezra B. French, Freeman H. Morse, Stephen Coburn, Stephen C. Foster.
Mr. Morrill, of Maine, and Mr. Crowninshield, of Massachusetts, were announced as members of the committee under the resolution of Mr. Guthrie.
Mr. TUCK:—I offer certain resolutions, which I desire to have printed and referred to the Committee on Resolutions.
The resolutions of Mr. Tuck were read, ordered to be printed, and referred. (These resolutions will be found on a subsequent page.)
Mr. CLAY:—I hold in my hand the proceedings of a very large Democratic meeting recently held at New Haven, in the State of Connecticut. Among them are certain resolutions, breathing a spirit of fervent devotion to the Union, and expressing an anxious desire for the settlement of the difficult questions now before the country. They have been sent to me with a request that I should lay them before this Convention. Why I was selected by them for the performance of this duty, I do not know, unless it was because, from my name and associations, they thought an assurance might be found that I participated in the sentiments expressed in the resolutions. I present them with great pleasure, and ask that they may be referred to the Committee on Resolutions.
The motion of Mr. Clay was agreed to.
Mr. RANDOLPH:—I move that the Secretary be requested to furnish for the use of the members a printed list of the delegates to and officers of this Convention.
Which motion was adopted, and the Convention adjourned.
SEVENTH DAY.
Washington, Monday, February 11th, 1861.
The Convention was called to order by the President. Prayer was offered by Rev. Dr. Gurley.
After the reading and amendment of the Journal, Mr. Guthrie, from the Committee on Resolutions, asked for further time to make a general report of the matters submitted to them, which was given; and thereupon Mr. Guthrie, from the same Committee, made the following report upon the resolutions of a meeting in the State of Connecticut, which were referred to that committee on motion of Mr. Clay:
The committee to whom were referred certain resolutions of the Democratic party of the State of Connecticut, report that in the opinion of the committee it is inexpedient for this Convention to act upon any resolution purporting to emanate from any political party whatever; and that the member of the Convention by whom they were presented have leave to withdraw the same.
The PRESIDENT:—I take this opportunity to announce to the Convention that the Door-keeper of the House of Representatives has transmitted to the Chair cards admitting members of this body on to the floor of the House. These cards will be delivered by the Secretary to such members as call for them.
Mr. CHASE:—I move that any propositions or resolutions which members of this Convention desire to have considered by the Committee on Resolutions and Propositions, may be presented to the committee through the Secretary, without being presented in Convention.
The motion was agreed to, and on motion the Convention adjourned until Wednesday the 13th instant, at 12 o'clock m.
EIGHTH DAY.
Washington, Wednesday, February 13th, 1861.
The Convention was called to order by the President, and prayer was offered by Rev. Dr. Edwards. The Journal, after sundry amendments, was approved.
Mr. GUTHRIE:—The Committee on Resolutions, &c., have labored diligently, and held protracted sessions, in the hope of being able to make their report to-day. This they find themselves unable to do. They are fully impressed with the necessity of immediate action, in view of the short time that will remain for Congress to consider the action of this Convention, if it shall become necessary to submit any proposition of this body to be acted upon by that. I have no doubt we shall be able to report on Friday, and I ask that we may have until that time to make a report.
The request of Mr. Guthrie was acceded to.
Mr. SEDDON:—The time has now arrived when, as one of the Commissioners from the State of Virginia, I find it necessary to ask the leave of the Convention to communicate to the Legislative authorities of Virginia, and to her Convention now in session, the state of the proceedings before this body, and the committee. I ask for liberty to do so, and believe that a proper regard to the instructions of the Legislature of the State under which my appointment is made, requires that my request should be granted.
Mr. BARRINGER offered the following resolution:
Resolved, That the Commissioners of any State represented in this Convention, upon their joint application, have leave to communicate to the Legislature, Governor, or Convention of said State, the proceedings of this body, or so much thereof as they may deem expedient.
Mr. SEDDON:—The passage of this resolution is all I ask.
Mr. FRELINGHUYSEN:—I move to amend the resolution by adding thereto: "But not to communicate what has transpired in the committee, before said committee has reported to the Convention."
Mr. SEDDON:—I do not deem the passage of the resolution at this moment as very important. At the suggestion of several gentlemen, I will move to lay it on the table, subject to be called up after Friday.
The Convention then adjourned to Friday at 12 o'clock.
On the evening of February 13th, the members of the Conference were informed of the death of Hon. John C. Wright, of Ohio, who officiated as temporary chairman previous to the permanent organization. In view of the anxious desire of all the members to recognize their appreciation of this act of Divine Providence, in removing from the sphere of his earthly labors one of the most valued Commissioners in attendance, President Tyler was requested to summon a special meeting of the Conference. In pursuance of his invitation, all the members attended on the morning of February 14th, when the following proceedings were had:
Thursday, Washington City, February 14th, 1861.
The Convention met in special session, pursuant to the call of the President.
The proceedings were opened with prayer by the Rev. Dr. Hall.
The following letter from the Secretary, Crafts J. Wright, was read, and ordered to be entered upon the minutes:
| Willard's Hotel, | } |
| Washington City, February 13th, 1861. |
Hon. John Tyler, President of Conference Convention.
Dear Sir:—I grieve to communicate to you the fact, that the delegate from Ohio to this Conference Convention, the Hon. John C. Wright, departed this life this day, the 13th February, at half-past one o'clock.
Judge Wright came to this Convention with a heart filled with fear for the safety of the Union. Though at an advanced age and nearly blind, he was filled with an earnest desire to add his efforts to that of others of the Convention called by the State of Virginia, and seek to agree on some measures honorable to each and all, to effect the object. Since the arrival of my father in Washington, he has been constant in his efforts to effect the end in view, and he has had his heart cheered with the belief that the object would be accomplished. Almost the last words that he uttered were, that he believed the Union would be preserved. He desired me to say, if the Union were preserved, he would die content. He called me to read to him, at 12 o'clock, the sections in the Constitution in regard to counting the votes, and this request, and this reading, terminated his knowledge on earth. In this desire of my father to do what he could, he pressed me to accompany him on account of his blindness. Since the Convention honored me with the appointment of Secretary, he required of me a promise that I would not leave the position. When I read the section of the Constitution to him, he required me then to leave him for the Convention. Whatever my personal feelings may be, I deem the pledge made sacred. I therefore ask that I may have leave of absence, until I carry the remains home to Ohio, and return to my duty.
Respectfully,
CRAFTS J. WRIGHT.
P.S.—J. Henry Puleston will act for me in my absence.
The President informed the Convention that the request of the Secretary had been complied with. The President asked what action the Convention proposed to take on the subject for which they had been specially assembled.
The Hon. SALMON P. CHASE, of Ohio, then said:—Mr. President, since we assembled yesterday in this Hall, it has pleased God to remove one of our number from all participation in the concerns of earth. It is my painful duty to announce to the Convention that John C. Wright, one of the Commissioners from Ohio, is no more. Full of years, honored by the confidence of the people, rich in large experience and ripened wisdom, and devoted in all his affections and all his powers to his country, and his whole country, he has been called from our midst at the very moment when the prudence and patriotism of his counsels seemed most needed. Such are the mysterious ways of Divine Providence. Judge Wright was born in Wethersfield, Connecticut, on the 10th of August, 1784. The death of his parents made him an orphan in infancy; and he had little to depend upon in youth and early manhood, save his own energies and God's blessing. He was married, while young, to a daughter of Thomas Collier, of Litchfield, and for several years after resided at Troy, New York. When about twenty-six years old he removed to Steubenville, in Ohio, where he commenced the practice of the law, and rapidly rose to distinction in the profession. In 1822 he was elected a representative in Congress, where he became the associate and friend of Clay and Webster, and proved himself, on many occasions, worthy of their association and friendship.
After serving several terms in Congress, he was elected a Judge of the Supreme Court of Ohio, and, in 1834, removed from Steubenville to the city of Cincinnati. Resigning his seat soon afterwards, he resumed the labors of the bar, and, ever zealous for the improvement and elevation of the profession, established, in association with others, the Cincinnati law school.
In 1840, upon the dying request of Charles Hammond, the veteran editor of the "Cincinnati Gazette," Judge Wright assumed the editorial control of that Journal, and retained that position until impaired vision, in 1853, admonished him of the necessity of withdrawing from labors too severe.
Thenceforward engaged in moderate labors, surrounded by affectionate relatives, enjoying the respect and confidence of his fellow-citizens, and manifesting always the liveliest concern in whatever related to the welfare and honor of his State and his country, he lived in tranquil retirement, until called by the Governor of Ohio, with the approbation of the Senate, to take part in the deliberations of this Conference Convention.
It was but a just tribute, sir, to his honored age, illustrated by abilities, by virtues, and by services, that he was unanimously selected as its temporary President. His interest in the great purpose of our assembling was profound and earnest. His labors to promote an auspicious result of its deliberations were active and constant. And when fatal disease assailed his life, and his enfeebled powers yielded to its virulence, his last utterances were of the Constitution and the Union.
Mr. President, Judge Wright was my friend. His approval cheered and encouraged my own humble labors in the service of the State. Pardon me if I mingle private with public grief. He has gone from his last great labor. He was not permitted to witness upon earth the result of the mission upon which he and his associates, who here mourn his loss, were sent. God grant that the clouds which now darken over us may speedily disperse, and that through generous counsels and patriotic labors, guided by that good Providence which directed our fathers in its original formation, the Union of our States may be more than ever firmly cemented and established.
Mr. President, I offer the following resolutions:
Resolved, That in the death of our late venerable colleague, the Hon. John C. Wright, we mourn the loss to the State of Ohio, and to the nation at large, of one of our most sagacious statesmen and distinguished patriots; and to the cause of Union and conciliation, one of its most illustrious supporters.
Resolved, That while we deplore with saddened hearts the affliction with which an All-wise Providence has visited us, we know that no transition from life to immortality could have been more grateful to him who has fallen than this, in which his life has been offered a willing sacrifice in an effort to restore harmony to his distracted country.
Resolved, That the members of this Convention tender their heartfelt sympathies to the family of the deceased in this their great affliction.
Resolved, That these resolutions be spread upon the records of this body, and a copy of the same be transmitted to the family of the deceased.
Mr. Charles A. Wickliffe, of Kentucky, moved the adoption of the resolutions, and said:
Mr. President, I rise to tender my most cordial sanction and second to the resolutions which have just been read.
Mr. Wright and myself entered the councils of this nation thirty-seven years ago. We served together during a period when party excitement ran high upon questions more of a personal than a constitutional character. I can bear witness not only to his ability, but to his personal integrity, and his purity of political action through our term of service in the House of Representatives. I have seldom met him since we separated at the termination of his service and mine in that body, which occurred at pretty near the same period; but whenever I have met him, I have found him the same stern advocate of the Union and of constitutional liberty. I rejoiced, therefore, when I found him in this hall on the day we first assembled here. I knew his conservative disposition and principles, and I promised myself that with his aid I could be more useful to my country and to my State than without him. In conversing with him upon the difficulties which now divide and distract our common country, I found him ready and willing, conscientiously and patriotically, to do that which I thought that portion of the country which I represent has a right to demand and expect of those who represent a different portion of our Union. And if my friend from Ohio (Mr. Chase) and his colleagues will permit me to mingle my sorrow at the public loss, I will say nothing of the private bereavement of the family of our deceased colleague. I leave him to his country, and to you, with this testimony which I leave to his memory, his honesty of purpose and his patriotic love of country.
The Hon. A.W. Loomis, of Pennsylvania, said:
Mr. President, I desire to mingle my sincere regrets with those of the members of this assemblage at the sad and unexpected occurrence which deprived us of an able, experienced, and patriotic associate. My relations with the deceased were, for many years, probably more intimate than those which existed between him and any other member of this Convention. Forty years have elapsed since I first made his acquaintance. He was then in full, active, and extensive practice; a learned lawyer, an accomplished, skilful, and successful advocate. During the succeeding year I came to the bar, and resided and practiced in the same judicial circuit with our departed friend. For many years the most kind and intimate relations existed between us—sometimes colleagues, but usually opponents. So kind and genial was his nature, so fair and liberal his practice, that during our entire intercourse not an unkind word was uttered, and, so far as I know or believe, not an unpleasant feeling existed in the bosom of either.
Though not gifted with the highest order of eloquence, he was clear, distinct, and persuasive. His style of speaking resembled not the babbling brook or the dashing cataract, but usually the limpid stream, gliding gracefully amid fields and fruits and flowers, though sometimes assuming the power and proportions of the majestic river, cutting its sure and certain way to the mighty ocean.
His professional position, his kindness of heart, and genial humor, made him an object of high respect and warm regard among his professional brethren. And now, sir, as memory passes in review the pleasant incidents which marked our social and professional intercourse, the smitten heart shrinks in sadness and sorrow from the contemplation of our bereavement. He adorned, sir, the bar, the bench, and the halls of Legislation. He discharged, in all the relations of life, his obligations with fidelity. Of him it might be truly said:
His life hath flowed a sacred stream, in whose calm depths
The beautiful and pure alone are mirrored;
Which, though shapes of ill may hover o'er the surface,
Glides in light, and takes no shadows from them.
But, sir, the great crowning virtue and glory of his life was his acceptance of the mission which brought him here. Though whitened by the frosts of nearly eighty winters, neither lofty mountains nor intervening space could restrain his patriotic heart from a prompt response to the call of his country to mingle his influence in a sincere and sacred effort to save the Constitution and perpetuate the Union. He accepted the great trust; he mingled in our deliberations, and has fallen in the discharge of his duty. He has justly earned a title to the gratitude and respect of his country. May we not, sir, fondly hope that he, who was called from the discharge of such duties to the presence of his God, has passed from the sorrows of earth to the happiness of Heaven, and to the full fruition of joys pure, perfect, and eternal?
The Hon. THOMAS EWING, of Ohio, said:—I rise to bear my tribute of respect to the memory of the deceased. I have known him long. On my first entrance into active life, at the bar, I found him an able and distinguished member. Since that time down to the present day, he has been largely associated, in mind and person, with all the acts and progress, professional and political, of my life. I feel his loss intensely; and I feel it with more regret, because I know that on this occasion his voice would have been potential in our counsels, and would have been united with all of us who labor most earnestly for the preservation of the Union.
I tender my sympathies to the family of the deceased. I unite with them in their regrets and in their hopes of the happy future to which he may have attained.
The Hon. WILLIAM C. RIVES, of Virginia, said:—Though wholly unprepared to say any thing worthy of the solemnity of this occasion, I feel that I should be wanting, sir, in that sentiment of respect which is due to the character of a distinguished citizen, if I were not to add to what has been so eloquently spoken by others, a few words of personal recollection in regard to our deceased friend Judge Wright. It so happened that we entered the public councils of the country at the same moment, and continued in them for the same period of time. It is now just thirty-seven years since I had the pleasure of meeting Judge Wright, for the first time, in the House of Representatives of the United States. I may be permitted to say, that there were giants in those days. My honorable friend from Kentucky (Governor Wickliffe), who has already so feelingly addressed the Convention, will recollect that on the roll of the House of Representatives at that time stood the names of Webster and Everett, of Oakley and Storrs, of Sargeant and of Hemphill, of Lewis McLane, of the immortal Clay, and Barbour and Randall, and other gentlemen known to fame from the State which I have the honor to represent in this body, and Livingston of Louisiana, McDuffie and Hamilton of South Carolina, and other gentlemen who, on the spur of the occasion, I am not now able to recall, but whose names will forever shine upon the rolls of their country's glory. And yet in that body Judge Wright, then in the maturity of his powers, though not previously known to the nation, vindicated an equal rank in debate with those gentlemen whose names I have mentioned. Sir, I shall never forget with what earnestness, with what manliness, with what integrity, with what ability, he ever uttered his convictions of public duty, whatever they were, in that consecrated hall.
After remaining here, I think, for six years, he retired to his own State for the purpose of assuming the duties of a highly-important and dignified office, which was soon followed by his retirement into the bosom of private life, where he met a rich and ample solace for the storms of his public career. He was followed there by the respect of his fellow-citizens throughout the country, and the confidence of his own State, as we have recently seen, by his being called from that honorable retirement to take part in the grave and solemn duties of this assembly. Sir, he came among us in obedience to the solemn call of patriotic duty, at a most exigent and distressing period in our national annals. He came here on an errand of peace, in the spirit of peace and conciliation. Such was the feeling entertained toward him by the whole of this assembly, that without the slightest preconcert, so far as I know, he was invited by general consent to preside during the preliminary stages of the organization of this Convention. I had an opportunity, from time to time, of private conversation with the aged statesman. I found no member of the assembly I met here, and, indeed, I have found nowhere any citizen of this wide Republic of ours, whose heart was more deeply imbued with the spirit of conciliation and of peace—of that spirit which was so solemnly and impressively uttered in his last prayer, "May the Union be preserved." Sir, it is not given to mortal man to choose the manner of his death; but if such were the privilege accorded to any human being, what more glorious end could he, appreciating a true fame, covet, than that which has been the lot of our departed friend? Sir, I speak what I feel, and I dare say I express a sentiment which has impressed itself upon many other bosoms in this assembly, when I say that his sudden death in the midst of our deliberations, seems to me to exalt—in some degree to canonize—our labors. This manifestation of the visible hand of God among us, brings us in the immediate presence of those solemn responsibilities which attach themselves to the discharge of our duties here. I doubt not that every member of this assembly is already deeply impressed with the solemnity of those duties, and I feel convinced that there are few, if any, in this assembly, who would not lay down their fleeting and feverish existence, and follow our deceased brother to his final account, if by doing so they could restore peace and harmony to this glorious Republic of ours.
It does not become me to make any professions of devotion to my country—to my whole country—but this I will say, in the spirit of the last prayer of my friend, that I should regard my poor life, such as it is, a cheap purchase—the cheapest imaginable purchase—for that great boon to our country, the restoration of its peace, of its harmony, of its unity, of its ancient confederated strength and glory.
The question was taken, and the resolutions were unanimously adopted.
The body of Judge Wright was then brought into the hall, preceded by Rev. Dr. Hall, who read the impressive service of the Episcopal Church. A number of the members of the family, and of the friends of the deceased, were present during the services.
The funeral cortege proceeded from the hall to the depot of the Baltimore and Ohio Railroad.
The following gentlemen were designated to act as pall-bearers on the occasion:
| Mr. Ewing, | Mr. Chase, |
| Mr. Hitchcock, | Mr. Loomis, |
| Mr. Backus, | Mr. Groesbeck, |
| Mr. Wolcott, | Mr. Stanton, |
| Mr. Sherman, | Mr. Harlan, |
| Mr. Vinton, | Mr. Gurley. |
The proceedings upon the death of Judge Wright were, by the Conference, ordered to be published, and the special session closed.
NINTH DAY.
Washington, Friday, February 15th, 1861.
The Convention was called to order by President Tyler, and prayer was offered by Rev. Mr. Renner. The Journals of the 13th and 14th were read and approved.
The PRESIDENT:—I have this morning received several communications from different persons, which will be laid before the Convention. One is an invitation from Horatio Stone, inviting the members of the Convention to visit his studio; also, a resolution of the House of Representatives, authorizing the admission of members of this Convention to the floor of the House. Also, a letter from J.E. Sands, offering to the Convention certain flags which possess historical interest, from the fact that they were used in the convention which adopted the present Constitution of the United States. Also, a communication from Horatio G. Warner.
The communications were severally read and laid upon the table.
Mr. SUMMERS:—I am instructed by the Committee on Credentials to inform the Convention that the committee has received satisfactory evidence of the appointment by the Executive of Ohio of C.P. Wolcott, as a delegate to this Convention, in the place of John C. Wright, deceased.
Mr. ORTH:—I desire to offer the following resolutions, which I ask to have read for the information of the Convention. I have no purpose to admit spectators to seats on this floor, but in my judgment it is the right of the country to know what we are doing here. My constituents will not be satisfied with my course, unless I take means to give the public knowledge of all our transactions. I am aware that this is an invasion of the rule already adopted, requiring secrecy, but in my opinion no possible harm can come from the daily publication of our debates. It is far better that true reports of these debates should be made, than that the distorted and perverted accounts which we see daily in the New York papers should be continued.
The resolutions were read, and are as follows:
Resolved, That Rules Sixteen (16) and Eighteen (18) of this Convention be, and the same hereby are, rescinded.
Resolved, That the President is hereby authorized to grant cards of admission to reporters of the press, not exceeding —— in number, which shall entitle them to seats on the floor of the Convention, for the purpose of reporting its proceedings.
Resolved, That no person be admitted to the floor of the Convention, except the members, officers, or reporters.
Mr. WICKLIFFE:—I do not wish to prolong this discussion myself, nor to cause it to be prolonged by others. I am sure that if we permit our debates to be reported, we shall never reach a conclusion which will in the slightest degree benefit the country. Every member will in that event wish to make a set speech, some of them three or four. I wish to have our time used in consultation and in action, not consumed in political speech-making. I do not care what the newspapers say of us. I know their accounts are distorted; but they would be distorted if we admitted reporters. Some of them assail us as a convention of compromisers—as belonging to the sandstone stratum of politics.
Mr. CHASE:—That is the formation which supports all others.
Mr. WICKLIFFE:—I know it, and I hope this Convention will prove to be the stratum which supports and preserves the Union and the country. Let us go on as we have begun, preserving secrecy; keeping our own counsels; making no speeches for outside consumption or personal reputation. Let us all keep steadily in mind the accomplishment of the great and good purpose which brought us here, and nothing else.
Mr. RANDOLPH:—New Jersey does not wish to have time consumed in making speeches. I think we should proceed at once to hear the report of the committee. I move that the resolutions offered be laid upon the table.
Mr. ORTH:—I suppose this motion cuts off debate. I should much have preferred to discuss the resolutions. I hope the motion will not prevail.
The motion to lay on the table passed in the affirmative by a viva voce vote.
The PRESIDENT:—Is the General Committee upon Propositions prepared to report? If it is, their report is now in order.
Mr. GUTHRIE:—That committee has given earnest and careful consideration to the subjects and propositions which have from time to time been presented to it. It has held numerous and protracted sessions, and the differences of opinion naturally existing between the members have been discussed in a spirit of candor and conciliation. The committee have not been so fortunate as to arrive at an unanimous conclusion. A majority of its members, however, have agreed upon a report which we think ought to be satisfactory to all sections of the Union, one which if adopted will, we believe, accomplish the purpose so much desired by every patriotic citizen. We think it will give peace to the country. In their behalf I have now the honor to submit, for the consideration of the Conference, the following:
PROPOSALS OF AMENDMENT TO THE CONSTITUTION
OF THE UNITED STATES.
Article 1. In all the territory of the United States not embraced within the limits of the Cherokee treaty grant, north of a line from east to west on the parallel of 36 degrees 30 minutes north latitude, involuntary servitude, except in punishment of crime, is prohibited whilst it shall be under a Territorial government; and in all the territory south of said line, the status of persons owing service or labor, as it now exists, shall not be changed by law while such territory shall be under a Territorial government; and neither Congress nor the Territorial government shall have power to hinder or prevent the taking to said territory of persons held to labor or involuntary service, within the United States, according to the laws or usages of the State from which such persons may be taken, nor to impair the rights arising out of said relations, which shall be subject to judicial cognizance in the federal courts, according to the common law; and when any territory north or south of said line, within such boundary as Congress may prescribe, shall contain a population required for a member of Congress, according to the then federal ratio of representation, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without involuntary service or labor, as the Constitution of such new State may provide.
Article 2. Territory shall not be acquired by the United States, unless by treaty; nor, except for naval and commercial stations and depots, unless such treaty shall be ratified by four-fifths of all members of the Senate.
Article 3. Neither the Constitution, nor any amendment thereof, shall be construed to give Congress power to regulate, abolish, or control within any State or Territory of the United States, the relation established or recognized by the laws thereof touching persons bound 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 City of Washington, retaining, and taking away, persons so bound to labor; 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, by land, sea, or river, 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 of touching at ports, shores, and landings, and of landing in case of distress, shall exist. Nor shall Congress have power to authorize any higher rate of taxation on persons bound to labor than on land.
Article 4. The third paragraph of the second section of the fourth article of the Constitution 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.
Article 5. The foreign slave-trade and the importation of slaves into the United States and their Territories, from places beyond the present limits thereof, are forever prohibited.
Article 6. The first, second, third, and fifth articles, together with this article of these amendments, and the third paragraph of the second section of the first article of the Constitution, and the third paragraph of the second section of the fourth article thereof, shall not be amended or abolished without the consent of all the States.
Article 7. Congress shall provide by law that the United States shall pay to the owner the full value of his fugitive from labor, in all cases where the marshal or other officer, whose duty it was to arrest such fugitive, was prevented from so doing by violence or intimidation, or when, after arrest, such fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of such fugitive.
Mr. BALDWIN:—I have not been able to concur in opinion with those members of the committee who have presented the propositions just submitted. I do not deem them fair or equitable to the Free States, nor do I think they are likely to secure approval in those States. As one member of the minority, I have drawn up a report embodying my own views and perhaps those of some of my colleagues, which I now present for the consideration of the Conference: