Suppose these same States, by their Legislatures, had respectively recommended to us these particular and specific constitutional amendments, asking us to propose them according to the Constitution: would it have been proper for us then to undertake to amend their resolutions? It would be a different transaction altogether. In the one instance, out of respect to the States, we are proposing their resolutions; in the other case, we are proposing our own to the States. Now, the question here is, whether the resolutions have come to us with a sufficient sanction to constitute in our minds a reason for referring to the States the amendments which the States themselves have asked. That is all. It seems to my mind to be a clear question. They have asked us, they have requested us, to submit their resolutions, and not any others, to the States; and the question is, will we comply with their request, not whether we will fabricate amendments of our own and refer them to the people. They have asked of us to submit their proposals; and the question is, whether we will do it.
This amendment implies, in the first instance, that we will not do that, because the moment we adopt the amendment of the Senator from Virginia, that moment we say in effect, "We will not propose your recommendations to the people; while proposing our own, which we will substitute for yours." That is passing by this Convention altogether; it is negativing the States represented in it.
If gentlemen take this view it will be a sufficient reason, I trust, in itself, for voting against the proposed amendment. These propositions which the Convention has recommended may be such as we may refuse; it is in our power to refuse; but the question is, whether a recommendation, coming so sanctioned to us, is not, in itself, a sufficient reason why Congress, if disposed to satisfy the people, shall do the small act of presenting this to the people themselves, for their adoption. We may reject it, if we please. The people, when it is sent to them, will, of course, have the power to reject or adopt it. The only question now is, whether we will give the States an opportunity of saying whether this proposition is satisfactory or not.
Sir, I do not wish to occupy time; but I cannot perceive the justice of the criticisms made upon these resolutions of the Convention. They seem to me to be perspicuous and intelligible in every part and in every sentence. I do not see where the difficulty is to arise. Gentlemen need not tell us here, in respect to these resolutions, that a member of the Convention told them thus and so. No matter what a member of the Convention told this one or that one about the votes that were given, it is certified to us, in a formal manner, by the President of the Convention—himself a Virginian, and once a President of the United States—that this is the result of the proceedings of the Convention.
Mr. HUNTER:—If the Senator will allow me, I will state to him how that occurred. It was decided, as it will be seen when we get the Journal, that, according to some rules of the old Convention, they should not vote upon a proposition as a whole, but upon each particular provision. That was the rule of the Convention; and therefore he certified it as the Convention had instructed. The vote was taken only section by section, and the vote was never taken on it as a whole. There is no inconsistency between what I have said, and the certificate of the President of the Convention, because, according to the rules adopted by them, he had to certify it if it was adopted by sections, though it was not voted upon as a whole.
Mr. CRITTENDEN:—I suppose this remark is intended to annul the Convention, and discredit all their proceedings, though the Senate have received the letter of the President and Secretary as authentic evidence that this does contain the result of the deliberations and the proceedings of the body. I take it so, whatever a discontented member here and there may have said to the contrary notwithstanding. He may have said it all truly, for aught I know, but we must regard this as the authentic act of the Convention; otherwise it was nothing; and it is certified to us by the proper authority as its act, by the President of the Convention, with the request that we shall adopt it. It must have had, in some form or shape, the sanction of a majority of the Convention, or it could not have been so certified to us. How they voted, whether upon parts or the whole, they gave such votes as, they thought were necessary to ascertain the meaning of the body, and the expression of their will and opinion upon the subject. This is what they have done.
I do not stop to inquire whether I like these resolutions better than I do those proposed by myself, or the amendments now offered by the Senator from Virginia. We are near the close of our session. I have looked upon the proceedings of this great and eminent body of men as the best evidence of public opinion outside of this body, and of the wish and will of the States they represent. I am for peace. I am for compromise. I have not an opinion on the subject of what would be best that I would not be perfectly willing to sacrifice to obtain any reasonable measure of pacification that would satisfy the majority. I want to save the country and adjust our present difficulties. [Applause in the galleries.]
The Presiding Officer (Mr. Bright in the chair) called to order.
Mr. CRITTENDEN:—That is what I want to do. That is the object I am aiming at. I attach no particular importance—I feel, at least, no selfish attachment—to any opinions I may have proclaimed on the subject heretofore. I proclaimed those opinions because I thought them right; but I am ready to sacrifice them, any and every one of them, to any more satisfactory proposition that can be offered. I look upon the resolutions proposed by this Convention as furnishing us, if not the last, the best hope of an adjustment; the best hope for the safety of the people and the preservation of the Government. I will not stop to cavil about the construction of these words; but I see none of the difficulties that suggest themselves to the mind of my friend from Virginia. Look at that third section, which has been the subject of his particular criticism. Every part and portion of it is a negation of power to Congress, and nothing else; and yet he has argued as if it gave Congress power; as if it conferred more power upon Congress. It leaves to the States all the rights they now have; all the remedies which they now have; and consists merely in a negation of power to Congress. How can that take away the rights of the people? How can that make our condition worse? I cannot possibly see. It is nothing but a negative from beginning to end, and therefore it cannot take away any thing from the people. It may take from Congress, but cannot take away from the States, or the people, any thing. It is a negative in its form and in its language, from beginning to end, that Congress shall have no power to do this, that, or the other. If they have that power under the present Constitution, it is taken away. That is all. It takes away no power from the States. It takes away no rights from individuals. Its simple office is the negation of power to Congress. That is all there is in it; and how, under that, can the gentleman find constructions which are to increase our difficulties and diminish our rights? He says the language will need construction. So does all language need construction. I do not see that this is particularly so.
Now, sir, the Senator offers my own proposition as an amendment to this. I shall vote against my own proposition here; I shall vote for this. [Applause in the galleries.]