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Henry J. (Henry Jarvis) Raymond.

Lincoln, his life and time : being the life and public services of Abraham Lincoln, sixteenth president of the United States, together with his state papers, including his speeches, addresses, messages and proclamations and closing scenes connected with his life and death (Volume 1) online

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Online LibraryHenry J. (Henry Jarvis) RaymondLincoln, his life and time : being the life and public services of Abraham Lincoln, sixteenth president of the United States, together with his state papers, including his speeches, addresses, messages and proclamations and closing scenes connected with his life and death (Volume 1) → online text (page 12 of 42)
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of State. The latter resigned because the President
refused to re-enforce the forts in the harbor of Charleston.
On the 20th the State of South Carolina passed the ordi
nance of secession, and on the 26th Major Anderson trans
ferred his garrison from Fort Moultrie to Fort Sumter.
On the 29th John B. Floyd resigned his office as Secretary
of War, alleging that the action of Major Anderson was
in violation of pledges given by the Government that the
military status of the forts at Charleston should remain



118 THE LIFE, PUBLIC SERVICES, AND

unchanged, and that the President had declined to allow
him to issue an order, for which he had applied on the
27th, to withdraw the garrison from the harbor of Charles
ton. On the 29th of December, Messrs. Barnwell, Adams,
and Orr arrived at Washington, as commissioners from
the State of South Carolina, and at once opened a corre
spondence with President Buchanan, asking for the deliv
ery of the forts and other government property at Charles-
ton to the authorities of South Carolina. The President
replied on the 30th, reviewing the whole question stating
that in removing from Fort Moultrie, Major Anderson
acted solely on his own responsibility, and that his first
impulse on hearing of it was to order him to return, but
that the occupation of the fort by South Carolina and the
seizure of the arsenal at Charleston had rendered this
impossible. The commissioners replied on the 1st of
January, 1861, insisting that the President had pledged
himself to maintain the status of affairs in Charleston
harbor previous to the removal of Major Anderson from
Fort Moultrie, and calling on him to redeem this pledge.
This communication the President returned.

On the 8tli of January, the President sent a message to
Congress, calling their attention to the condition of public
affairs, declaring that while he had no right to make ag
gressive war upon any State, it was his right and his
duty to "use military force defensively against those who
resist the Federal officers in the execution of their legal
functions, and against those who assail the property of
the Federal Government ;" but throwing the whole re
sponsibility of meeting the extraordinary emergencies of
the occasion upon Congress. On the same day, Jacob
Thompson, of Mississippi, resigned his office as Secretary
of the Interior, because the Star of the West had been
Bent on the 5th, by order of the Government, with sup
plies for Fort Sumter, in violation, as he alleged, of the
decision of the cabinet. On the 10th, P. F. Thomas, of
Maryland, who had replaced Howell Cobb as Secretary
of the Treasury, resigned, and was succeeded by Genera]
John A Pix, of New York.



STATE PAPERS u* ABIUIIAAI LINCOLN. 110



The debates and the action of Congress throughout the
session related mainly to the questions at issue between
the two sections. The discussion opened on the 3d of
December, as soon as the President s Message had been
read. The Southern Senators generally treated the elec
tion of the previous November as having been a virtual
decision against the equality and rights of the slavehold
mg States. The Eepublican members disavowed this con
struction, and proclaimed their willingness to adopt any
just and proper measures which would quiet the appre
hensions of the South, while they insisted that the
authority of the Constitution should be maintained, and
the constitutional election of a President should be re
spected. At the opening of the session, Mr. Powell, of
Kentucky, in the Senate, moved the reference of that
portion of the President s Message which related to the
sectional difficulties of the country, to a select committee
of thirteen. This resolution being adopted, Mr. Critten
den immediately afterwards introduced a series of joint
resolutions, embodying what came to be known after
wards as the Crittenden Compromise proposing to sub
mit to the action of the people of the several States the
following amendments to the Constitution :

1. Prohibiting slavery in all the territory of the United States north of
#6 30 , and protecting it as property in all territory south of that line;
and admitting into the Union, with or without slavery, as its Constitution
might provide, any State that might be formed out of such territory,
whenever its population should be sufficient to entitle it to a nember oi
* Congress.

2. Prohibiting Congress from abolishing slavery in places under itt
exclusive jurisdiction within Slave States.

3. Prohibiting Congress from abolishing slavery within the District of
Columbia, so long as slavery should exist in Virginia or Maryland; or
without the consent of the inhabitants, or without just compensation to
the owners.

4. Prohibiting Congress from hindering the transportation of slaves
from one State to another, or to a Territory in which slavery is allowed.

5. Providing that where a fugitive slave is lost to his owner by violent.
resistance to the execution of the process of the law for his recovery, the
umted States shall pay to said o\\ ner his full value, and may recover the

from the county in which such rescue occurred



120 THE LIFE, PUBLIC SERVICE?. AND

6. These provisions were declared to be unchangeable by any future
amendment of the Constitution, as were also the existing articles relating
to the representation of slaves and the snrr* r "*r of ^



Besides these proposed amendments of the Constitution,
Mr Crittenden s resolutions embodied certain declara
tions in affirmance of the constitutionality and "binding
force of the fugitive slave law recommending the repeal
by the States of all bills, the effect of which was to
hinder the execution of that law, proposing to amend it
by equalizing its fees, and urging the effectual execution
of the law for the suppression of the African slave-trade.

These resolutions were referred to the Committee of
Thirteen, ordered on Mr. Powell s motion, and composed
of the following senators :

Messrs. Powell, Hunter, Crittenden, Seward, Toombs, Douglas, Colla-
mer, Davis, Wade, Bigler, Bice, Doolittle, and Grimes.

On the 31st of December, this committee reported that
they " had not been able to agree upon any general plan
of adjustment." The whole subject was nevertheless
(Mscussed over and over again during the residue of the
session ; but no final action was taken until the very day
of its close. On the 21st of January, Messrs. Yulee and
Mallory, of Florida, resigned their seats in the Senate,
because their State had passed an ordinance of secession ;
and on the- 28th, Mr. Iverson, of Georgia, followed their
example. Messrs. Clay and Fitzpatrick, of Alabama,
and Mr. Davis, of Mississippi, followed next, and, on the
4th of February, Messrs. Slidell and Benjamin, of Louis
iana, also took their leave.

In the House of Representatives the debates took the
same general direction as in the Senate. On the first day
of the session a resolution was adopted, by a vote of one
hundred and forty -five to thirty-eight, to refer so much
of the President s Message as related to the perilous con
dition of the country, to a committee of one from each
State. This committee was appointed as follows : -



STATE PAPERS OF ABRAHAM LINCOLN. 12]

Corwin of Ohio. Dunn of Indiana.

Millson of Virginia. Taylor of Louisiana.

Adams of Massachusetts. Davis of Mississippi.

Winslow of North Carolina. Kellogg of Illinois.

Humphrey of New York. Houston of Alabama.

Boyce of South Carolina. Morse of Maine.

Campbell of Pennsylvania. Phelps of Missouri.

Love of Georgia. Rust of Arkansas.

Ferry of Connecticut. Howard of Michigan.

Davis of Maryland. Hawkins of Florida.

Robinson of Rhode Island. Hamilton of Texas.

Whitely of Delaware. AVashburn of Wisconsin.

Tappan of New Hampshire. Curtis of Iowa.

Stratton of New Jersey. Birch of California.

Bristow of Kentucky. Windom of Minnesota.

Morrill of Vermont. Stark of Oregon.
Nelson of Tennessee.

A great variety of resolutions were offered and referred
to this committee. In a few days the committee reported
the following series of resolutions, and recommended
their adoption :

Resolved by the Senate and House of Representatives of the United States
9f America in Congress assembled, That all attempts on the parts of the
legislatures of any of the States to obstruct or hinder the recovery and
surrender of fugitives from service or labor, are in derogation of the Con
stitution of the United States, inconsistent with the comity and good
neighborhood that should prevail among the several States, and danger
ous to the peace of the Union.

Resolved, That the several States be respectfully requested to cause
their statutes to be revised, with a view to ascertain if any of them are
in conflict with, or tend to embarrass or hinder the execution of, the laws
of the United States, made in pursuance of the second section of the fourth
article of the Constitution of the United States, for the delivering up of
persons held to labor by the laws of any State and escaping^ therefrom ;
and the Senate and House of Representatives earnestly request that all
enactments having such tendency be forthwith repealed, as required by a
just sense of constitutional obligations, and by a due regard for the peace
of the Republic ; and the President of the United States is requested to
communicate these resolutions to the governors of the several States.
vnth a request that they will lay the same before the legislatures thereof,
respectively.

Resolved, That we recognize slavery as now existing in fifteen of the
United States by the usages and laws of those States; and we recognize
no authority, legally or otherwise, outside of a State where it so exists, to



122 THE LIFE, PUBLIC SERVICES, AND

interfere with slaves or slavery in such States, in disregard of the rights
of their owners or the peace of society.

Resolved, That we recognize the justice and propriety of a faithful
execution of the Constitution, and laws made in pursuance thereof, on the
subject of fugitive slaves, or fugitives from service or labor, and discoun
tenance all mobs or hindrances to the execution of such laws, and that
citizens of each State shall be entitled to all the privileges and immunities.
of citizens in the several States.

Resolved, That we recognize no such conflicting elements in its compo-
ition, or sufficient cause from any source, for a dissolution of this Gov
ernment; that we were not sent here to destroy, but to sustain and
harmonize the institutions of the country, and to see that equal justice is
done to all parts of the same ; and, finally, to perpetuate its existence on
terms of equality and justice to all the States.

Resolved, That a faithful observance, on the part of all the States, of
all their constitutional obligations to each other and to the Federal Gov
ernment, is essential to the peace of the country.

Resolved, That it is the duty of the Federal Government to enforce the
Federal laws, protect the Federal property, and preserve the Union of
these States.

Resolved, That each State be requested to revise its statutes, and, if
necessary, so to amend the same as to secure, without legislation by Con
gress, to citizens of other States travelling therein, the same protection as
citizens of such States enjoy ; and also to protect the citizens of other
States travelling or sojourning therein against popular violence or illegal
summary punishment, without trial in due form of law for imputed
crimes.

Resolved, That each State be also respectfully requested to enact such
laws as will prevent and punish any attempt whatever in such State to
recognize or set on foot the lawless invasion of any other State o** Terri
tory.

Resolved, That the President be requested to transmit copies of the
foregoing resolutions to the Governors of the several States, with a request
that they be communicated to their respective legislatures.

These resolutions were intended and admirably cal
culated to calm the apprehensions of the people of the
slaveholding States as to any disposition on the part of
the Federal Government to interfere with slavery, or
withhold from them any of their constitutional rights ;
and in a House controlled by a large Republican majority,
they were adopted by a vote of ayes one hundred and
thirty-six, noes fifty-three. Not content with this effort
to satisfy all just complaints on the part of the Southern



STATE PAPERS OF ABRAHAM LINCOLN. 123

States, the same committee reported the following resolu
tion, recommending such an amendment of the Constitu
tion as should put it forever out of the power of the
government or people of the United States to interfere
with slavery in any of the States :

Be it resolved ly the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of both Houses con
curring), That the following article be proposed to the legislatures cf
the several States as an amendment to the Constitution of the United
States, which, when ratified by three-fourths of said legislatures, shall
be valid, to all intents and purposes, as a part of the said Constitution,
namely :

Art. 12. No amendment shall be made to the Constitution which will
authorize, or give to Congress the power to abolish or interfere, within
any State, with the domestic institutions thereof, including that of per
sons held to labor or service by the laws of said State.

This resolution was adopted by a vote of one hundred
and thirty- three to sixty -five more than two-thirds in
its favor. This closed the action of the House of Repre
sentatives at this session on this important subject,
though it had previously adopted, by a unanimous vote,
the following declaratory resolution :

Resolved, That neither the Federal Government nor the people, OT the
governments of the non-si aveholding States, have the right to legislate
npon or interfere with slavery in any of the slaveholding States in the
Union.

The action of the Senate was somewhat modified by
the intervening action of a Peace Conference, which
assembled at Washington on the 4th of February, in
pursuance of a recommendation of the State of Virginia,
embodied in resolutions adopted by the General As
sembly of that State on the 19th of January. It con
sisted of delegates, one hundred and thirty-three in
number, from twenty-one States none of those which
had seceded being represented. John Tyler, of Virginia,
was appointed president, and a committee, consisting of
one from each State, was appointed, with authority to
" report what they may deem right, necessary, and
proper, to restore harmony and preserve the Union."



THE LIFE ; PUBLIC SERVICES, AND

On the 15tli of February the committee reported a series
of resolutions, in seven sections, which were discussed
and amended, one by one, until the afternoon of the 26th,
when the vote was taken upon them as amended, in
succession, with the following results :

SECTION 1. In all the present territory of the United States, north or
the parallel of thirty-six degrees and thirty minutes of north latitude, in
voluntary servitude, except in punishment of crrrne, is prohibited. In al
the present territory south of that line, the status of persons held to invol
untary service or labsr, as it now exists, shall not be changed ; nor shall
any law be passed by Congress or the territorial legislature to hinder or
prevent the taking of such persons from any of the States of this Union to
said territory, nor to impair the rights arising from said relation; but the
same shall be subject to judicial cognizance in the Federal Courts, accord
ing to the course of the common law. When any territory north or south
of said line, within such boundary as Congress may prescribe, shall con
tain 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 the constitution of such State may provide.

The vote on the adoption of tho section was as follows :

AYES. Delaware, Kentucky, Maryland, New Jersey, Ohio, Pennsylva
nia, Rhode Island, Tennessee 8.

NOES. Connecticut, Illinois, Iowa, Maine, Massachusetts, Missouri, New
York, North Carolina, New Hampshire, Vermont, Virginia 11.

So its adoption was not agreed to.

A reconsideration of this vote was called for by the delegates from
Illinois, and agreed to, 14 to 5. On the next day the question was again
taken on the adoption of the section, irith the following result:

AYES. Delaware, Illinois, Kentucky, Maryland, New Jersey, Ohio.
Pennsylvania, Rhode Island, Tennessee 9.

NOES. Connecticut, Iowa, Maine, Massach isetts, North Carolina, New
Hampshire, Vermont, Virginia 8.

Thus the section was adopted.

It was stated by the members from New York, when the State was
called, that one of their number, D. D. Field, was absent, and the del
egation was divided. Thus New York, Indiana, and Kansas were
divided.

The adoption of the second section was then moved ; it was as fol-
ows:

SECTION 2. No territory shall be acquired by the United States, except
by discovery, and for naval and commercial stations, de*p6ts, and transit



STATE PAPERS OF ABRAHAM LINCOLN. 125

routes, without a concurrence of the majority of all the Senators from
States which allow involuntary servitude, and a majority of all the Sena
tors from States which prohibit that relation ; nor shall territory he ac
quired by treaty, unless the votes of a majority of the Senators from each
class of States hereinbefore mentioned be cast as a part of the two-thirda
majority necessary to the ratification of such treaty.

The vote on this section was as follows:

AYES. Delaware, Indiana, Kentucky, Maryland, Missouri, New Jersey,
Ohio, Pennsylvania, Rhode Island, Tennessee, Virginia 11.

NOES. Connecticut, Illinois, Iowa, Maine, Massachusetts, North Car
olina, New Hampshire, Vermont 8.

New York and Kansas were divided.

The adoption of section three of the report, with the amendments, was
next moved. The amended section was as follows:

SECTION 3. Neither the Constitution nor any amendment thereof shall
be construed to give Congress power to regulate, abolish, or control,
within any State, the relation established or recognized by the laws
thereof touching persons held to labor or involuntary service therein, nor
to interfere with or abolish involuntary service in the District of Colum
bia without the consent of Maryland and without the consent of the
owners, or making the owners who do not consent just compensation ;
nor the power to interfere with or prohibit representatives and others
from bringing with them to the District of Columbia, retaining, and
taking away, persons so held to labor or service ; nor the power to in
terfere with or abolish involuntary service in places under the exclusive
jurisdiction of the United States, within those States and Territories
where the same is established or recognized ; nor the power to prohibit
the removal or transportation of persons held to labor or involuntary
service in any State or Territory of the United States to any other State or
Territoiy thereof, where it is established or recognized by law or usage ,
and the right during transportation, by sea or river, of touching at ports,
shores, and landings, and of landing in case distress shall exist; but
uot the right of transit in or through any State or Territory, or of sale OT
traffic, against the law thereof. Nor shall Congress have power to
authorize any higher rate of taxation on persons held to labor or service
than on land.

The vote on the adoption of the section was as follows :

AYES. Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey,
North Carolina, Ohio, Pennsylvania, Ehode Island, Tennessee, Vir
ginia 12.

NOES. Connecticut, Indiana, Iowa, Maine, Massachusetts, New Hamp
shire, Vermont 7.

Bo the section was adopted. Kansas and New York were divided.



126 THE LIFE, PUBLIC SERVICES, AND

The adoption of the fourth section of the report, as amended, was the*
tnoved ; it was as follows :

SECTION 4. The third paragraph of the second section of the fourth
article of the Constitution shall not he construed to prevent any of the
States, by appropriate legislation, and through the action of their judicial
and ministerial officers, from enforcing the delivery of fugitives from labor
to the person to whom such service or labor is due.

The vote on the adoption of this section was as follows :

AYES. Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland,
Missoari, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island
Tennessee, Vermont, Virginia 15.

. Iowa, Maine, Massachusetts, New Hampshire i.



Thus the section was adopted. Kansas and New York were divided.

The adoption of the fifth section of the report, as amended, was
moved ; it was as follows :

SECTION 5. The foreign slave-trade is hereby forever prohibited, and it
shall be the duty of Congress to pass laws to prevent the importation of
laves, coolies, or persons held to service or labor, into the United State?
&&d the Territories from places beyond the limits thereof.

The vote on the adoption of this section resulted as follows :

AYES. Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland,
Missouri, New Jersey, New York, New Hampshire, Ohio, Pennsylvania,
Rhode Island, Tennessee, Vermont, Kansas 16.

NOES. Iowa, Maine, Massachusetts, North Carolina, Virginia 5.

The section was thus adopted.

A motion was next made to adopt the sixth section, as amended; it
was as follows :

SECTION 6. The first, third, and fifth sections, together with this section
of these amendments, and the third paragraph of the second section of the
first article of the Constitution, and the third paragraph of the secord sec
tion of the fourth article thereof, shall not be amended or abolished with
out the consent of all the States.

The vote on this section was as follows :

AYES. Delaware, Illinois, Kentucky, Maryland, Missouri, New Jersey,
Ohio, Pennsylvania, Rhode Island, Tennessee, Kansas 11.

NOES. Connecticut, Indiana, Iowa, Maine, Massachusetts, North Caro
lina, New Hampshire, Vermont, Virginia 9.

New York was divided. So this section was adopted.

The motion was then made to adopt the seventh and last section, as
amended : it was as follows :

SECTION 7. Congress shall provide by law that the United States shall
pay to the owner the full value of his fugitive from labor, in all case*



STATE PAPERS OF ABRAHAM LINCOLN. 127

where the marshal, or other olfieer whose duty it was to arrest surh fugi
tive, was prevented from doing so by violence or intimidation, from mobs
or other riotous assemblages, or when, after arrest, such fugitive was res
cued by like violence or intimidation, and the owner thereby deprived of
the same ; and the acceptance of such payment shall preclude the owner
from further claim to such fugitive. Congress shall provide by law for
securing to the citizens of each State the privileges and immunities of cit
hens in the several States.

The vote on this section was as follows :

AYES. Delaware, Illinois, Indiana, Kentucky, Maryland, New Jersey,
Now Hampshire, Ohio, Pennsylvania, Rhode Island, Tennessee, Kan-
taa 12.

NOES. Connecticut, Iowa, Maine, Missouri, North Carolina, Vermont,
Virginia 7.

Thus the last section was adopted. New York was divided.

The adoption of the following resolution was then moved by Mr. Frank
lin, of Pennsylvania :

Resolved, As the sense of this Convention, that the highest political
duty of every citizen of the United States is his a^giance to the Federal
Government created by the Constitution of the United States, and that
no State of this Union has any constitutional right to secede therefrom,
or to absolve the citizens of such State from their allegiance to the Gov
ernment of the United States.

It was moved to lay the resolution on the table. The vote was as

follows :

AYES. Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Ohio, Tennessee, Virginia 9.

NOES. Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts,
New York, New Hampshire, Pennsylvania, Rhode Island, Vermont,
Kansas 12.

Some amendments were then offered and laid on the table, when itt
Sadefinite postponement was moved and carried by the following vote :

AYES. Delaware, Kentucky, Maryland, Missouri, New Jersey, North
Carolina, Ohio, Rhode Island, Tennessee, Virginia 10.

NOES. Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts,
Pennsylvania 7.

New York was divided.



Online LibraryHenry J. (Henry Jarvis) RaymondLincoln, his life and time : being the life and public services of Abraham Lincoln, sixteenth president of the United States, together with his state papers, including his speeches, addresses, messages and proclamations and closing scenes connected with his life and death (Volume 1) → online text (page 12 of 42)