Mr. SEWARD:—What does the record say?
The PRESIDING OFFICER:—The Chair understands that the record presents it as "intended to be offered."
Mr. SEWARD:—Then the question is on the substitute. I ask that the question be taken.
Mr. HUNTER:—I have an amendment to submit. I propose to amend the first section of the proposition before us, by inserting in lieu of it the first article of what are called the Crittenden resolutions. I move to strike out the first article of the peace propositions, and to insert:
That in all the territory of the United States now held, or hereafter acquired, situate north of latitude 36° 30´, slavery or involuntary servitude, except as a punishment for crime, is prohibited while such territory shall remain under territorial government. In all the territory south of said line of latitude, slavery of the African race is hereby recognized as existing, and shall not be interfered with by Congress; but shall be protected as property by all the departments of the territorial government during its continuance; and when any Territory, north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then Federal ratio of representation of the people of the United States, 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 slavery, as the constitution of such new State may provide.
Mr. COLLAMER:—I rise to a question of order. It will be observed that this paper is before us under a recital that, whereas these propositions of amendment have been presented by the Commissioners, as they are called, from the several States—naming them—who have asked Congress to submit them, therefore we propose to submit them to the States. The whole proceeding is based and predicated on this recital. I say that it cannot be amended. If it were amended, it would cease to be the application of that body which the recital States. I therefore object to any amendments, except a substitute; perhaps a substitute may be offered striking out the recital and all; but an amendment to it is out of order, in my view.
Mr. HUNTER:—In regard to the question of order, I understand that the recital is the recital of the committee, and that the question before us is on these propositions for amending the Constitution of the United States, which are to be treated as a bill. If so, each section is subject to amendment as a bill would be subject to amendment. It was my purpose to offer the entire series of what are called the Crittenden resolutions, as an amendment to these, and I still intend to offer them, section by section; but I was prevented from offering them in that form, because the Senator from New York got the floor first, and offered his proposition as a substitute. I therefore could not raise the question which I desired to raise, except by offering the amendments, section by section, in order to perfect the original proposition. I submit that it is in order.
Mr. COLLAMER:—I submit, still, my question of order, suggesting to gentlemen that if we make any amendment, we must strike out the recital.
Mr. BIGLER:—I do not see that any ordinary question of order can be raised in this case; but I do think there is a consideration much more grave, and that is the question whether we will treat the series of resolutions presented here by this Peace Congress as a proposition which we ought either to accept or reject. I was one of those in the select committee who took that position. It was manifestly intended that we should accept the entire programme, or reject it. Therefore I was unwilling; and we decided to consider no question of amendment—
Mr. HUNTER:—That is not a question of order, but of propriety. It would be an argument against any amendment.