Evening session.
Mr. Scott resumed his remarks, and referred the gentleman from Princess Anne to his own minority report for an answer to his interrogatory.
He must have either contemplated that the
Convention would either adjourn to meet again on the 1st of October, or remain in session until that time.
Mr. Scott was not to be driven, by the eternal clamor of the minority upon this floor, from a sense of the propriety and dignity which should characterize the
Convention.
He took the ground that the party to which he belonged were the true exponents of the popular sentiment of
Virginia.
Mr. Wise viewed
Mr. Scott's reply as an evasion.
The 1st of October had been tendered, and the gentleman from
Fauquier assisted in voting it down.
Now he desired to know, if we were to have a recess, when we were to re-assemble — whether Anno Domini 1862 or Anno Domini 1863?
His own report had never been proposed here, except as it was proposed here to-day by the gentleman from
Amelia.
In spite of all the talk here about sensation dispatches,
Mr. Wise said he was now enabled to announce to this body, from official dispatches to the
Ex-President of the
United States, (
Mr. Tyler,) that the war had commenced.
[Sensation.] If it was the pleasure of the
Committee, he would read them.
Voices--‘"Leave — leave."’
The
Chairman said that the gentleman could read them as a part of his argument — he would be charged with the time.
Mr. Wise said, then he would them, but would have them read by the ry.--Gentlemen were still contending lay, while the war was going on. He would challenge the gentlemen from
Fauquier and
Augusta to resign their seats with him, to-day, and go home.
The remainder of
Mr. W.'s remarks were directed to the positions assumed by those gentlemen.
Mr. Wise's amendment was voted down.
Mr. Early, of
Franklin, moved to amend
Mr. Scott's amendment by striking out the words ‘"by the time appointed for the re-assembling of this body,"’ and inserting ‘"in a reasonable time."’ In advocating his amendment,
Mr. Early made an argument touching the tobacco interest of his section of country showing that it depended mainly upon capital supplied by the
North.
The amendment was rejected.
Mr. Blakey, of
Madison, moved to amend
Mr. Scott's amendment by striking out "to be appointed by the respective Conventions thereof, ‘" and inserting--"’corresponding in number to the number of electors to which the said States are respectively entitled in a Presidential election.
The said delegates shall be elected by the people of the said States at elections to be held in their respective electoral districts, and in said Congress each State shall cast the same number of votes that she now casts in the Congress of the United States."
Mr. Blakey proposed, in the event of the adoption of this amendment, to follow it up by another.
He then argued to show why it should be adopted, after which it was rejected.
Mr. Goode, of
Mecklenburg, moved to amend
Mr. Scott's amendment by striking out the words ‘"Confederated States"’ and inserting ‘"Southern States."’ He said he offered this amendment merely to get an opportunity to reply to the shots thrown by the gentleman from
Augusta, (
Mr. Baldwin,) into the secession ranks.
He thought if he had remembered the couplet of
Burns,
"O wad some pow'r the giftie give us,
To see oursel's as others see us," the charge of inconsistency would never have come from him.
Mr. Goode went on to criticize the purposes of the majority in this Con
vention not to allow the people to elect the delegates to the Border Conference.
After speaking the allotted time, he asked leave to withdraw his amendment.
Mr. Blakey objected, and did so for the purpose of getting an opportunity to finish his own argument, which had been cut short.--Having done this,
Mr. Goode's amendment was voted down.
The question recurring upon agreeing to
Mr. Scott's amendment, it was adopted — yeas 76, nays 42.
The 14th resolution, as amended, was then adopted
viva voce.
This being the last of the resolutions in the report, the Chair said the
Committee would now proceed to the consideration of the proposed amendments to the
Federal Constitution.
The first section was then read by the
Secretary, as follows:
Art. XIII, $1. In all the present territory of the
United States, North of the parallel of thirty-six degrees and thirty minutes of North latitude, involuntary servitude, except in punishment of crime, is prohibited.
in all the present territory South of that line, involuntary servitude, as it now exists, shall remain, and shall not be changed; nor shall any law be passed by Conferment the taking of persons held to service or labor from any of the States of this Union to said Territory, nor to impair the rights arising from said relation; nor shall said rights be in any manner affected by any preexisting law of
Mexico; but the same shall be subject to judicial cognizance in the
Federal Courts, according to the remedies and the practice of the common law.--When any Territory North or South of said line, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, 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 involuntary servitude, as such Constitution of the
State may provide.
In all territory which may hereafter be acquired by the
United States, involuntary servitude is prohibited — except for crime--North of the latitude of 30 deg. and 36 min., but shall not be prohibited by Congress, or any Territorial Legislature South of said .
Mr. Wise proposed to offer the following as a substitute for the first and second sections:
Sec. 1st.
In all the present territory of the
United States, involuntary servitude, as it now exists, shall remain and shall not be changed; nor shall any law be passed by Congress or the
Territorial Legislatures to hinder or prevent the taking of persons held to service or labor from any of the States of this Union to said Territory; nor to impair the rights arising from said relation; nor shall said rights be in any manner affected by any pre-existing law of
Mexico in the part acquired from her; but the same shall be protected by necessary remedial laws, as other rights, and be subject to judicial cognizance in the
Federal Courts, according to existing laws, and to the remedies and practice of the common law, except so far as they may be modified by the existing or Territorial laws.
And when any Territory, within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, 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 involuntary servitude, as such Constitution of the
State may provide.
In all territory which may hereafter be acquired by the
United States, involuntary servitude is prohibited — except for crime — north of thirty-six degrees thirty minutes, but shall not be prohibited by Congress, or any Territorial Legislature, and shall be protected by law south of that line.
Debated by
Messrs.Wise and
Robert Y. Conrad.
Mr. Morton moved to amend
Mr. Wise's amendment by striking out the last sentence--‘"In all territory which may hereafter be acquired,"’ &c. Debated by
Messrs. Morton and
Wise, and rejected.
The question recurred on Mr,
Wise's motion to strike out, and was decided in the negative — yeas 27; nays 84.
Mr. Ambler, of
Louisa, moved to strike out the 1st section and insert the following substitute:
Congress shall have power to legislate and provide forms of government for the inhabitants of all territories belonging to the
United States, and may permit them, at such times and in such manner as it may by law provide, to form States and be admitted into the
Union.
Citizens and inhabitants of the several States and Territories shall have the right to take into any of the
Territories persons held to service or labor under the laws of the States or Territories whence they are removed, and all rights of property in such persons, or in their service or labor, as the same existed under the laws of the
State or Territory prior to such removal, shall be recognized and protected by Congress and the
Territorial Government.
When any territory within such boundary as Congress may prescribe, shall contain a population equal to that required for a member of Congress, 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 involuntary servitude, as such Constitution of the
State may provide.
Mr. Morton said that this was an important amendment, and with a view of having it printed, he moved that the
Committee rise.--On this motion
Mr. Armstrong, of
Hampshire, demanded the yeas and nays; and the vote being taken, the
Committee refused to rise — yeas 47, nays 66.
Considerable confusion prevailing in the hall,
Mr. Ambler said he would not trespass upon the patience of the body by speaking to his substitute.
He had noticed on various occasions that the courtesy which had been accorded to others had been denied him.
Mr. Baldwin said that so far as he and those around him were concerned, the gentleman from
Louisa evidently labored under a mistake.
It was true that they desired to have a vote, but he was sure that none could deny a courtesy to a gentleman of such unexceptionable urbanity of manner as the one who had just taken his seat.
The vote was then taken on
Mr. Ambler's motion to strike out, and decided in the negative — yeas 26, nays 80.
Mr. Dorman, of
Rockbridge, moved that the
Committee rise, and on this motion
Mr. Armstrong again demanded the yeas and nays.--The vote resulted — yeas 38; nays 56.
Mr. Born, of
Botetourt, moved to strike out the 1st section and insert a substitute, which we will publish to-morrow.
Mr. Morton moved that the
Committee rise, and
Mr. Borst, of Page, demanded the yeas and nays.
The motion was agreed to — yeas 60; nays 37.
The Committee then rose and reported progress.
In Convention.
Mr. Forbes, of
Buckingham, presented the proceedings of a meeting of a portion of the citizens of that county, which, on his motion, were referred to the
Committee on Federal Relations.
On motion of
Mr. Morton, the
Convention adjourned.
