There is now a law, the constitutionality of which has not been doubted, providing for the acquisition of territory by discovery. But the Court, in the Dred Scott case, decided that territory could not be acquired, except as preliminary to the formation of a State. This difficulty should be obviated. I think the amendment I propose will do it. If we adopt the proposition of Mr. Summers, we cut off the power of acquiring territory for transit routes, &c., except by treaty. I think my amendment will make the section more satisfactory to the South.
Mr. SUMMERS:—I will accept the amendment, and treat it as a part of my substitute.
Mr. BROCKENBROUGH:—I feel a deep solicitude in this subject. We are here for the purpose of settling a great difficulty. Instead of settling it, we shall add to it by placing these unnecessary obstructions in the way of acquiring territory in future. Would not the South be safer by the adoption of this guarantee? It is the only one, aside from the first section, which gives the South a grain of power. We cannot go on with things as they are—only seven States to contend with all the rest of the nation. We must all desire that the seceded States should return to the Union. How are they to come back? By treaty, or by the sword? Who will not prefer to win them back by adopting principles in our amendments which will make it for their interest to return? If the amendment is adopted, no future territory will be acquired without the consent of a majority of Senators on both sides of the line. Reject this, and I have not the slightest hope of ever seeing the seceded States again in the Union. I believe this amendment will meet the wishes of a large majority of the people of Virginia.
The vote upon the adoption of the substitute proposed by Mr. Summers resulted as follows:
Ayes.—Rhode Island, New Jersey, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, and Missouri—9.
Noes.—Maine, Vermont, Massachusetts, Connecticut, New York, Pennsylvania, Indiana, Illinois, Iowa, and Kansas—10.
And the amendment was lost.
Mr. GUTHRIE:—I will now renew my proposition, and ask a vote upon it by States.
The vote upon the substitute offered by Mr. Guthrie, for the section of the article reported by the committee, resulted as follows:
Ayes.—New Hampshire, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Tennessee, Kentucky, and Ohio—10.