Ayes.—Virginia, North Carolina, and Missouri—3.
Noes.—Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, Ohio, Indiana, Illinois, and Iowa—17.
So the amendment was lost.
Mr. CARRUTHERS:—Tennessee approves the sentiment of the amendment, but she thinks the requisite security is already given.
Messrs. Butler and Clay, of Kentucky, and Mr. Dent, of Maryland, asked to have their dissent recorded from the votes of their respective States.
Mr. BARRINGER:—I wish to make a suggestion in relation to Mr. Franklin's substitute. I think it is not in order. The Conference has already determined to perfect the committee's report, before substitutes are to be considered.
Mr. CURTIS:—I now move to amend Mr. Franklin's substitute, by striking out all after the word "prohibit," in the third line, down to and including the words "common law," and inserting instead thereof the words, "but this restriction shall not apply to territory south of said line."
My proposition is offered in good faith, and to show that Iowa is disposed to compromise. I do not say that this is as far as she will go. I have inserted the very words used by our fathers. They prohibited slavery north and tolerated it south of the line. This was the original proposition of Virginia. If there is any thing in its ethics, they are Virginia ethics. Slavery now exists in these Territories. Let it be there. There is slavery in Kansas, Utah, and Nebraska. We cannot help it. It appears to me that the South ought to accept this amendment. It recognizes the opinions of our fathers. This was Jefferson's idea when he drew the ordinance of 1787.
The Constitution does recognize the relation of master and slave, in my opinion. I do not like it, I confess. You in the South do not regard your blacks as slaves in the absolute sense of the term. You have a right in their services, not in their bodies. You recognize them as men in various ways.
Again I say, I do not offer this amendment to embarrass the action of the Conference. It secures slavery south of 36° 30´.