Part 44 (2/2)

The other sections conform to the language of our present Const.i.tution, and for that reason I think they will meet with more favor. Each subject is thus made to stand on its own merits.

The PRESIDENT:--The question will be taken upon each section of the subst.i.tute proposed.

Mr. JAMES:--I propose the following as a subst.i.tute for the first section of the amendment offered by Mr. HITCHc.o.c.k. It is, I believe, the same as that proposed in Congress by the Committee of Thirteen. I understand, also, that the Committee of the House of Representatives are about to subst.i.tute it for what is known as the ADAMS Proposition.

We all have the same purpose in view, to negative in express terms the right of Congress to interfere with the inst.i.tution of slavery within the States. I present the amendment because I think it expresses the purpose in better language.

SECTION 1. No amendment shall be made to the Const.i.tution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic inst.i.tutions thereof, including that of persons held to labor or service by the laws of said State.

Mr. CHASE:--This amendment would be limited in its application to the States. Congress would still have power in this respect over Territories.

Mr. GUTHRIE:--The report of the committee has been agreed upon after much discussion, and printed. We all understand it, and I hope we shall adhere to it without any alteration. If we begin to adopt these amendments no one can tell where they will carry us.

Mr. JAMES:--My proposition is offered as an amendment to that offered by Mr. HITCHc.o.c.k.

Mr. GUTHRIE:--So I understand; but his amendment is proposed as a subst.i.tute for the third section of the article reported by the committee. I object to the whole of it.

Mr. RANDOLPH:--Do I understand that the question now is upon subst.i.tuting Mr. HITCHc.o.c.k'S amendment for the committee's report.

Mr. JAMES:--No. It is upon subst.i.tuting my proposition for the first section of Mr. HITCHc.o.c.k'S amendment.

The vote upon the amendment offered by Mr. JAMES resulted as follows:

AYES.--Maine, New Hamps.h.i.+re, Vermont, Ma.s.sachusetts, Connecticut, New York, and Indiana--7.

NOES.--Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois, and Kansas--13.

And the amendment was lost.

Mr. WOOD:--I must enter my dissent from the vote of Illinois.

Mr. FOWLER:--I have an amendment which I offer to the subst.i.tute proposed by Mr. HITCHc.o.c.k--

Mr. RANDOLPH:--I object to it as out of order. Let us take the vote upon the various sections of Mr. HITCHc.o.c.k'S proposition. If they are rejected, then these amendments may all be moved to the committee's report.

The PRESIDENT:--I have already decided that the subst.i.tute is open to amendment.

Mr. RANDOLPH:--Then I will appeal from the decision of the Chair.

The PRESIDENT:--I will state the ground of my decision. It is true, as claimed by the gentleman from New Jersey, that if the propositions of Mr. HITCHc.o.c.k are _rejected_ these amendments may be moved to the sections reported by the committee. If, on the contrary, they are _adopted_, or either of them, so far as they are adopted they must stand as the order of the Conference, and are no longer subject to amendment. I understand the Parliamentary rule in such a case to be well settled.

A somewhat confused debate here arose, when Mr. RANDOLPH withdrew his appeal from the decision of the chair.

Mr. BALDWIN:--I move to amend the proposition of the gentleman from Ohio, by striking out the words ”nor shall Congress have the power to authorize any higher rate of taxation on persons held to service or labor, than on land.” I do not think these words are appropriate in a provision of the Const.i.tution.

Mr. HITCHc.o.c.k:--I supposed the Conference would understand my purpose.

It was to subst.i.tute my three sections for the third section of the committee's report. I did not suppose this series of amendments would be offered. For the present, I will withdraw my amendments.

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