Part 44 (1/2)

The motion of Mr. CLAY was agreed to, and the resolutions were laid on the table.

Mr. SMITH, of New York:--I would inquire whether any action has been taken under the order of the Conference for the printing of the Journal from day to day. It is very important that we have these Journals, that we may know exactly what has been done. No gentleman can carry all our proceedings in his memory.

The Secretary made a statement to the effect that he had not found time fully to complete the Journal, or to arrange for its being printed under the rule requiring that secrecy should be preserved; that the Mayor of Was.h.i.+ngton had proposed to have the printing done under a supervision which would secure its non-publication by the press, and that various reasons existed why the order of the Conference had not been complied with.

Mr. SMITH:--Then I hope the order will be complied with to-day. It is very important that each member should have a copy of our daily Journal. I certainly expected one this morning. I will not make a motion now, but if these copies are not furnished, I shall move the appointment of a committee to secure their future publication.

Mr. DENT:--There was a vote pa.s.sed upon this subject. It may have been in the absence of the Secretary.

The PRESIDENT:--The Conference is informed that the Journal shall be published as soon as possible.

Mr. BROCKENBROUGH:--I have two amendments which I shall offer. At present I desire to have them laid on the table and printed.[4]

[Footnote 4: I suppose these amendments offered by Mr. BROCKENBROUGH were never printed; certainly no printed copy of them was ever distributed to the members of the Conference, and they were never inserted in the Journal. In preserving my notes, I naturally a.s.sumed that I could rely upon the printed copies distributed to the members, for the various amendments offered. At the period of writing out these notes communication with Mr. BROCKENBROUGH is impossible, and I am obliged to omit farther notice of his amendments. I am not even able to state the subjects to which they referred.]

The PRESIDENT:--The Conference will now proceed to the consideration of the order of the day, which is the motion to reconsider the vote rejecting the subst.i.tute offered by Mr. SUMMERS, for the second section of the articles of amendment reported by the committee.

Mr. McKENNAN:--At the request of one of my colleagues I would ask a postponement of the vote upon my motion of reconsideration for the present. It will produce no injurious result, and I think myself we had better hold this amendment subject to the future action of the Conference.

Mr. SUMMERS:--I will not withhold my consent to the postponement. But I hope the members of this Conference will consider my amendment, and give it their attention when it comes up again.

Mr. GUTHRIE:--If we pa.s.s Mr. SUMMERS' amendment, we should pa.s.s by the consideration of the whole section. I think that is the better way.

Let us now proceed to the consideration of the third section in the article of amendment proposed by the committee.

The PRESIDENT:--Such will be taken as the pleasure of the Conference.

The third section was read.

The PRESIDENT:--The third section is open to propositions of amendment.

Mr. GUTHRIE:--I move to amend this section by striking out the words ”by land, sea, or river,” occurring after the words ”or transportation.”

Mr. GUTHRIE'S motion was adopted without a division.

Mr. GUTHRIE:--I now move to insert after the words ”during transportation,” the words ”by sea or river.”

Which motion was also agreed to without a division.

Mr. HITCHc.o.c.k:--I now move to amend the third section by striking out all after the word ”give,” in the second line thereof, and inserting as follows:

”to Congress power to regulate, abolish, or control, within any State, the relations established or recognized by the laws thereof, touching persons held to service or labor therein.”

SECTION 4. Congress shall have no power to discharge any person held to service or labor in the District of Columbia, under the laws thereof, from such service or labor, or to impair any rights pertaining to that relation, under the laws now in force within the said District, while such relations shall exist in the State of Maryland, without the consent of said State, and of those to whom the service or labor is due, or making them just compensation therefor; nor the power to prohibit or interfere with members of Congress and officers of the Federal Government whose duties require them to be in said District, from bringing with them, for personal service only, retaining, and taking away persons so held to service or labor, nor the power to impair or abolish the relations of persons owing service or labor in places under the exclusive jurisdiction of the United States, within those States and Territories where such relations are established or recognized by law.

SECTION 5. Congress shall have no power to prohibit the removal or transportation of persons held to service or labor in any State or Territory of the United States to any State or Territory thereof where the same obligation or liability to labor or service is established or recognized by law; and the right during such transportation, by sea or river, of touching at ports, sh.o.r.es, or landings, and of landing in case of distress, shall exist; nor shall the Congress have power to authorize any higher rate of taxation on persons held to service or labor than on land.

Although it may not be strictly in order, yet, as a part of my plan, I wish to bring forward a subst.i.tute which I shall offer to the seventh section of the committee's article, which, if adopted, should be numbered

SECTION 9. Congress shall provide by law, that in all cases where the Marshal, or other officer whose duty it shall be to arrest any fugitive from service or labor, shall be prevented from so doing by violence of a mob or riotous a.s.semblage; or where, after such arrest, such fugitive shall be rescued by like violence, and the party to whom such service or labor is due shall thereby be deprived of the same, the United States shall pay to such party the full value of such service or labor.

I offer these in separate sections, in order not only that the vote may be taken upon each one separately here, but also when the same questions come before the people. The first section of my amendment, as I understand from every quarter, sets all opposition at rest; all are willing to agree to it. This may be adopted and the others rejected, which could not be done if the original section was adopted.