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

Nays.—Connecticut, Iowa, Maine, North Carolina, Missouri, and Vermont—7.

Divided.—New York.

Not Voting.—Massachusetts.

When the question was first taken on the first section, it was lost by a vote of eleven States against it to eight in its favor, a majority of your Commissioners casting the vote of New York against it. A motion was immediately made to reconsider, which was advocated by Mr. Granger, one of the Commissioners from New York, and was carried by a vote of fourteen States for, to five against it—a majority of the Commissioners from New York again casting its vote in the negative, and the Convention adjourned. On the next day it again came up on its final passage, and was then carried by a vote of nine States for, to eight against it—the vote of New York not being given. Why it was not given is left by the Commissioners to be stated by Mr. Field, on his own responsibility. (See note, [p. 596].)

The vote of New York was not given upon any of the sections except the fifth, for the reason already stated; but upon that section we all voted Aye, as all her Commissioners then present were in its favor.

After the several votes had been taken, it was objected that the whole article should be put to a vote upon the question of its final adoption before it could be regarded as properly passed, but the President of the Convention decided that this was not necessary, and no such vote was taken. At the close of the discussion on this subject your Commissioners were prepared to cast the vote against the entire article, if any question had been taken upon it as a whole, as a majority of your Commissioners think it should have been.

Soon after the adoption of these proposed amendments to the Constitution, and after voting down and laying on the table various propositions made by a minority in the interest of freedom and the free States, the Convention adjourned—having adopted an address to Congress requesting that body to submit the amendment, to Conventions of the several States, for ratification, according to the Constitution of the United States; and they were accordingly communicated to Congress on the same day. In the Senate, they were referred to a committee, and were recommended for adoption by a majority of that committee; but Messrs. Seward and Trumbull, a minority of the committee, reported against the amendments, and in favor of a National Convention; thus following out and approving the proposition which had been made in the Convention by your Commissioners, and the entire minority of that party, nearly three weeks before, and for which the majority which controlled it, if it had chosen to do so, could at any time have obtained an unanimous vote. The amendment of the Convention, however, failed to secure the approval of either branch of Congress.

The labors of your Commissioners having thus terminated, it is due to those whom they represented, and to themselves, that the majority should state briefly the reasons why the proposed amendments to the Constitution did not meet their approbation.

First.—In their judgment, no amendment of that sacred instrument in the interest, and for the purpose of the extension and perpetuation of the slave power—an interest which has wielded the whole political power of the United States during almost the entire existence of the Government—was either expedient or necessary. They preferred it should remain and continue just as it came from the hands of our revolutionary fathers; a Constitution establishing freedom and not slavery.

Second.—The Convention would scarcely listen to, much less adopt, any amendment in the interest of freedom or of free labor, or of the rights of citizens of the free States; the only one of that character—that in relation to securing to the citizens of each State the privileges and immunities of citizens of the several States—having been voted down as a direct proposition when offered by Mr. Wilmot, and only adopted in an indirect way at the end of the section requiring payment to be made by Congress for rescued slaves. In like manner the absolute right of secession in every State as inherent under the Constitution of the United States was claimed to exist by members of the Convention from the slave States, accompanied by a denial of any right in the General Government to coerce obedience to it, or to enforce the laws for the collection of revenue. And although all the delegates from the slave States did not take this ground, yet in several instances a majority of the delegates from several of them did so, and the States themselves generally voted against all propositions to the contrary. The article proposed by your Commissioners denying the right of nullification and secession was defeated in accordance with these views; so that in effect slave States, and such of the free States as voted with them, would not consent so to amend the Constitution as to deny the right of nullification and secession, even if all the guarantees demanded by the slave interest were accorded to it. In addition, many of the delegates from the slave States declared that it was the fixed determination of those States to stand by the States that had seceded from the Union, and to aid them in resisting it, even if such guarantees were given; and that they would resist any attempts to coerce them, or to enforce the revenue, or any other laws within their limits, without their consent. In other words, they claimed a right to remain in the Union under the Constitution, with its new guarantees of slavery, and yet to obstruct the operations of the Government, to prevent the execution of the laws, and to aid those who were in open rebellion against, and had made war upon it. Under these circumstances your Commissioners did not deem it consistent with justice, or the respect due to their own State, to give their assent to any of the proposed amendments, except that prohibiting the slave-trade—and even that, in their opinion, was unnecessary, as no enlightened legislative body would dare to propose to reëstablish that infamous traffic.