Part 47 (1/2)

Mr. McCURDY:--I move to amend the original article of the committee's report by the addition of this proviso. My object is to prevent the sale of slaves in the waters of New York or any other port:

”_Provided_, That nothing in this section shall be so construed as to prevent any States in which involuntary servitude is prohibited, from restraining by law the transfer of such persons, or of any right or interest in their services, from one individual to another, within the limits of such State.”

Mr. GUTHRIE:--I insist there is not the slightest necessity for this amendment. I hope gentlemen will stop interposing these useless propositions; they confound the sense of the article, and we are guarding against questions which by no possibility can arise.

The vote was then taken on the amendment of Mr. McCURDY, and resulted as follows:

AYES.--Maine, New Hamps.h.i.+re, Vermont, Ma.s.sachusetts, Connecticut, New York, Ohio, Indiana, Illinois, Iowa, and Kansas--11.

NOES.--Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, and Missouri--10.

And the amendment was agreed to.

Messrs. LOGAN and PALMER, of Illinois, dissented from the vote of that State.

Mr. HOWARD:--I would ask the gentleman from Connecticut if he ever knew or heard of a case where a slave was sold in a free State?

Mr. McCURDY:--I do not intend to argue that question; but as I am appealed to, although the proviso is adopted, I will state the grounds on which it rests.

Mr. CLAY:--I wish to know whether the object of the amendment is to prevent the making of contracts connected with the purchase or sale of slaves in the free States?

Mr. McCURDY:--My object is apparent from the amendment. It explains itself. I wish to prohibit any transactions concerning the purchase or sale of slaves, either within the free States or the navigable waters connected therewith, or under free State jurisdiction. If there were no such prohibition, a cargo of slaves might be brought from the coast of Africa into the port of New York, and transferred there to parties residing in the slave States. The free States have a right to direct what shall, and what shall not be a subject of commerce within their limits. I presume it is not intended that the Const.i.tution shall prohibit the exercise of this right. I desire not to leave this open to construction, but to make the section declare that no such intention exists.

Mr. GUTHRIE:--I am now satisfied that we shall get nothing here that is satisfactory to the people of the south side of the river. We are continually waylaid by suspicions, which are unjust, unfounded, and ought not to exist. If this cla.s.s of amendments is to be adopted, I cannot go on, with respect to myself or the Convention. I feel now, since this amendment is adopted, that my mission here is ended.

Mr. REID:--I move to insert at the end of the third article reported by the committee these words: ”Persons of the African race shall not be deemed citizens, or permitted to exercise the right of suffrage, in the election of federal officers.”

Mr. GUTHRIE:--This is worse than ever, and it comes from the South too.

Mr. REID:--I will withdraw it then.

Mr. WICKLIFFE:--I ask the unanimous consent of the Conference to move the adoption of the previous question. We may as well come to the point now as ever. There is no use of discussing this question any longer. I move the previous question upon the report.

Objections and cries of ”No, no,” were made by several members.

Mr. WICKLIFFE:--I will withdraw the motion.

Mr. TURNER:--I think it would be very unreasonable for any gentleman to expect that we were to get through with the questions presented by this report without the exercise of mutual forbearance. The adoption of an amendment implies no disrespect to the committee. No member of the committee should take it in that sense. I will move a reconsideration of the vote by which the last amendment was adopted. I do not think we had better take the vote now, but pa.s.s the subject for the present.

The PRESIDENT:--It can be pa.s.sed by common consent.

The vote was reconsidered without a division, and the immediate consideration of the question pa.s.sed.

Mr. HITCHc.o.c.k:--I now renew the offer of my subst.i.tute for the third section of the article reported by the committee.

Mr. FIELD:--I thought when the motion to reconsider the vote upon Mr.

McCURDY'S amendment was agreed to, it was understood that the consideration of the whole section was to be pa.s.sed for the present.

My vote upon that amendment was given deliberately, and I have no idea that this Convention is to break up because a vote is pa.s.sed in it which is distasteful to any man, State, or delegation.

Mr. HITCHc.o.c.k:--I think I must insist upon the consideration of my subst.i.tute.