A Report of the Debates and Proceedings in the Secret Sessions of the Conference Convention / For Proposing Amendments to the Constitution of the United States, Held at Washington, D.C., in February, A.D. 1861

by L. E. Chittenden

Did not the Governor of Louisiana, in his message to the Legislature of his State, recommend special legislation against the supporters of Mr. Lincoln? Is there not on the statute books of Maryland a law which prohibits a "black Republican" from holding certain offices in that State?

Mr. JOHNSON:—There was a police bill before the Legislature of Maryland, in which some provision of that kind was inserted by one who wished to defeat it. Its friends were compelled to accept the provision in order to save the bill. The courts at once held the provision unconstitutional. All that is so.

Mr. FIELD:—I am answered. It is admitted that the Legislature of that ancient State did place upon her statute book an act passed with all the forms of law, containing a provision so insulting to millions of American citizens.

Mr. HOWARD:—Will Mr. Field permit me a single question? I ask it for information, and because I am unable to answer it myself. I therefore rely upon his superior judgment and better means of knowledge. It appears to me that Massachusetts, Maine, and New York have gone much farther. The charge is a serious one. Maryland has never refused to submit to the decisions of the proper judicial tribunals. The Constitution has provided for the erection of a tribunal which should finally decide all questions of constitutional law. That tribunal has decided that the people of the slave States have a legal right to go into the territories with their property. The gentleman from New York tells us he is in favor of free territory, and his people are also.

Now, I wish to ask, where in the Constitution he finds the right to appeal from the decision of the Supreme Court to the popular voice? In what clause of the Constitution is this power lodged? Where does he find this right of appeal to the people, a right which he insists the North will not give up?

Mr. FIELD:—I am happy to answer the question of the gentleman from Maryland, and I reply that when once the Supreme Court has decided a question, I know of no way in which the decision can be reversed, except through an amendment of the Constitution. I have the greatest respect for the authority of the Supreme Court. I would take up arms, if necessary, to execute its decisions. I say that States, as well as persons, should respect and conform to its judgments, and I would say they must. But I am bound in candor to add, that in my view the Supreme Court has never adjudged the point to which the gentlemen refers; it gave opinions, but no decision.

I was about to state, when I was first interrupted, that the majority report altogether omits those guarantees, which, if the Constitution is to be amended, ought to be there before any others that have been suggested. I mean those which will secure protection in the South to the citizens of the free States, and those which will protect the Union against future attempts at secession; guarantees which are contained in the propositions that I have submitted as proper to be added to the report of the majority.

But, sir, I must insist, that if amendments to the Constitution are required at all, it is better that they should be proposed and considered in a General Convention. Although I do not regard this Conference as exactly unconstitutional, it is certainly a bad precedent. It is a body nominally composed of representatives of the States, and is called to urge upon Congress propositions of amendment to the Constitution. Its recommendations will have something of force in them; it will undoubtedly be claimed for them in Congress that they possess such force. I do not like to see an irregular body sitting by the side of a legislative body and attempting to influence its action.

Again, all the States are not here. Oregon and California—the great Pacific dominions with all their wealth and power, present and prospective—have not been consulted at all. Will it be replied that all the States can vote upon the amendments? That is a very different thing from proposing them. California and Oregon may have interests of their own to protect, propositions of their own to make. Is it right for us to act without consulting them? I will go for a convention, because I believe it is the best way to avoid civil war.

Mr. WICKLIFFE:—If a General Convention is held, what amendments will you propose?