xt7d513ttv1p https://nyx.uky.edu/dips/xt7d513ttv1p/data/mets.xml Kentucky. Commissioners to the Peace Conference at Washington, February 1861. 1861  books b92-82-27254882 English Printed at the Yeoman Office, J. B. Major, state printer, : Frankfort, Contact the Special Collections Research Center for information regarding rights and use of this collection. Conference Convention (1861 : Washington, D. C.) United States Politics and government 1857-1861 Report of the Kentucky Commissioners to the late Peace Conference held at Washington city, made to the legislature of Kentucky text Report of the Kentucky Commissioners to the late Peace Conference held at Washington city, made to the legislature of Kentucky 1861 2002 true xt7d513ttv1p section xt7d513ttv1p 












Rl E PO RT Pts T



OF TIME



KENT-l5UC KY



c    YALN-liIJS



S8IO-1N  pound;HliS



                 TO TIHE L 4TE






PEACE CONFERENCE 1hELD AT WASHINGTON CITY,






      MIADE TO THE LEGISLATUTE OF KENTUCKIN,















              FRANKFORT, KY.:
       PRINTED AT TIHE YEOMAN OFFICE.
           JNO. B. MAJOR, STATE PRINTER.
                   1861.

 
This page in the original text is blank.


 









                    MAJOUITY REPORT.



                                  W\ASIIINGTON, February 28, 1861.
 To 1is E.x)cclleccy, BRei jal JiahZ Goer-nor of Ientucky:
 The undersigned, Comnislioners appointed by a resolution of the
 General Assemlbly of the Comnonwsealth of Kentucky, to meet such
 Corn.-uiniissioners as mnight be atppointed, by the several States in accord-
 ance with- the reequest of the State of Virgin ia, to confel together
 upon the p)resent condition of our couttfy, respectflly report.
 That they assembled in the city of AWc`ashingyton on the 4th inst.,
 tw erty-one States being repre1se Lte, andcontinued in sesion Until tIe
 Q27th itst., and 11:nally agreed on the irnclosed printed pro)ositions as a
 basis of settlement and pacification. The journal of our r)roceedinigs,
 as soon as cormpleted and printed, wvill be transmitted as part of this
 report.
                              IRtSpectfulily,
                                             JAMES (UTiIRIE,
                                             C. S. MOtEIILAD,
                                             JOSE UA F. 11B"LL,
                                             C. A. WICKLIFFE.
  P. S.-It is proper to remark, that before this report was written
and sigfledi two of the Commissioners, Hion. J. B. Clay and Gen.
Butler, head left the city.


                 REPORT OF COMMATITTEE.-ARTICLE 13.
  SE(crtIoNv 1. In all the present territory of the United Steates, not
embraced. withiin the limits of the Cherokee treaty gr-ant, north of a
litne fro)m east to west on the parallel of 86) degrees 30 minutes north
latitude, involunta.Ary servitLide, except inl putniishrment of crirne, is prohib-
ited Nhilst it shall be under a Territorial governmnent; and in all the
present territory south of said line, the status of penotis oNwing se-rvice
or labor a:i, it now exists shall not be ch.;a1,red by law while, such terri-
tory shall be uti(ler a Territoiial govertlnment; and neither Congress nor
the Teriitorial governmient shall have po\vXer to hinder or prevent the
taking, t(3 said territory of person3s hic'l' to labor or invx-olunitary service,
within the l3-United States, acocord-ing to the laws or usag11TSes of the State
fromn wrhicil such persons mnay be:t, takenr, nor to imipair the rih-7olts arising
out of said relatiotns, w-hicllh s1hal be sLuject to ,j ti( l coganizance inI
the f--cr e al counts, accorditii to the ceomon l-o law; and when a-ny terri-
tory north. or south of said line, vithin sucht boundda -ry as Coingr oess may
prescribe, shall contain a population required for a memnber of Con-
gress, accordhing, to the then federal ratio of replreseltation, it shall7 if
its form of gov-ernment be republican, be admirtecd  xth h6 Unirob. s n

 





PEACE CONFERENCE REPORT.



an equal footing with the original States, with or w-ithout involuntary
service or labor, as the constitution of such new State nmay provide.
  SECTION 2. Territory shall not be acquired by the United States,
unless by treaty ; nor, exeept for naval and commercial stations and
depots, unless such treaty shall be ratified by four fifths of all the
mnembers of the Senate.
  SECTION 3. Neither the Constitution, nor any amendrment thereof,
shall be conIstrUed to give Congress power to regulate, abolish, or con-
trol, within any State or Terrlitory of the United States, the relation
established or recognized by the laws thereof touching, persons boundl
to labor or involuntary service therein, nor to interfere wilth or abolish
involuntary service in the District of Columbia without the consent of
Maryland and without the consent of the owners, or mrakiwr the own-
ers who do not consent just comnpensation; nor the power to interfere
xSKth  ort  pioib3;i tt  )rep ceat-ativ  es and  otlhe-c:rs  from  bli iiigiiig  WibLh thI   to
the city- of WVashington, retaining and tattking- axva, persons so l)oun(l
to labor; nor the l)owVer to interfere with or a8bolis;h involuntary ser-
vice in. places under the exclusive jurisdiction of th-e United States
within those States an(l Territories where the samie is established or
reccgnize'd; nor the power to prohibit the remioval or transportation,
by land, sea, or river, of pers;Ons held to labor- or involuntary service
in any State or Territory of the United States to any other. State or
Territory tl-iereof wh1ere it is established or recognized. by law or Usage,
and the right during transportation of touching at port(s, shores, and
lanidings, and of' landing in case of' distress, Shall exist.  Nor shall
Congress have powver to authorize any higher rate of taxation on per-
sons bound to labor thani on land.
  S-ECTION 4. The third paragraph of the second section of the fourth
article of the Constitution shall not be construed to prevenit any of the
States, by appropriate legislation, and througli the action of their 'jui-
cial and ministerial officers, from enforcing the delivery of fuLgitives
fi-orn labor to the person to whom such service or labor is due,.
  SECTION 5. The foreign slave trade and the importation of slaves
into ithe United States and their Territories, from places beyond the
present linits thereof, are forever prohibited.
  SECT'IO)N 6. The first, third, and fifth sections, together xvith this sec-
tion six Of' these amnendmnents, and the third paragraph of the second
section of' the first article of the Constitution, and the third paragraph
of the second section of the fourth article thereof, shall not be alm-nend-
ed or abolished without the consent of all the States.
  SECTION 7. Congress shall provide by law that the United States
shall pay to the owvner the full value of his fulgitive from labor, in all
cases where the marshal, or other officer, whose duty it was to arrest
such fugitive, was prevented from so doing by violence or intimidation
from mobs or riotous assemn-blacres, or when, after arrest, such fugi-tive
was rescued by force, and the owner thereby prevented and obstructed
in the pursuit of his remedy for the recovery of such fugitive.



4

 




PXEACE CONFERIENCE JREPORIT.



                                      ER..xN -onTk) lI areh 20t, 2 1 861.


    The uns(leirgned, iaving' untace a brief report to you as Comminsnioner'n
  froill t[he State o0f K enitul.  to theli   Coyntentjeion of States assembled
  at \\'a-tililgt,)on City, on the 4th otf F:ebruary last, on the invitation of
  tke Stttte of V'irgin- and -lot mavi anon it Ln their powver at t hat timire
  to ta Jit a jou-ral. of thleir proceedings , beg leave now to do so.
  It C(ayrle to hald to-lday, anu(1 Nj-C av:ail o0selSAves of the earliest nmoment
  to sut)mit it to your E.lccetlenr-, and thrcug-'h y-at to thre L-egisature.
    Prort t1hylq dctu!inent it wvill, be -ecjvc - iat thle Ci'itten' llpl Op -
  sitions, as inou'ihl e 1wV tOle sugo-gestionls of \V'irinia, wereIC1fs olFered and
  failed to be a    The o1- ii'n.al propositions of Mr. CritteUle11l were
  after\rxvards o:3i Xered and li11ke--vi:-;e l:';-iledJ. In both instances KL entstiucky
  v o t cJ as, an  i -i t i31 faiv o r of t VIe p r opr ositions i  These havigr f.iled the
  propoSit i0nls s tf ore tllxH.SiIljtteJtr to yen WCI'C passed, and it itnay not
  be iri.proper to Olive loGeexITICtn of, thea seti( aotd.
           Isi)'()))t,           t     nftv of    vt h' 's--P(')..:   - tcll t0t 11(0 tttn tt-(
    31 I f1,e r, .1if i Cc i L1,   . l r L.(' ' th.1e aidiye 11f t   Com
  StitlltSCio yn'oju)x 'I bt y Mr1. Cltteii. , w zh additionls pujosed by that
      iLU       ! flC  ctJ C  ta  'tni'f y jn O oia ts C iUflii
      as)tC  davpound;t1-t, l: ;,o -j_  C[ t:z  tl'i(A '  'a t/i  C75  sUltt  a) i  1X   tCl,  rt
  eilots-3 to alui(t01`1- )I ,;CP pbia to restogre iarmiony to a divIded co-untry and
  to presl-eVre Vie theIfon.. It will be plroper here to st-Itte wha t   i Wee the
      etaltnC)   MlzSzo-3'7t  Cl.'acil( - ats.l'  3lpt9.\tt I  -rql  el IItn  [Ia id also
 Ieadin-g p!rovtslon11 of Mr. i  tSn   Proposed amn(Imet, n   as
 to state the ari-il'ine-ncnt of tilh, Constitu+,0n Proposed by the Conven-
 tion of State.
   uponZl th1:Xe tein twiitrz   qtl tlucsi  l  the  ame7Itnent  of1 M.lr. Ci'tten  lell pro-
 vi (l,t  t it Ial1 h e t territory110wOrherea' tvltertobeau v' 1F`.dn1orth1 i
 of I ati tude- ,'8at) d, q. 1,-lavery o- involun)Jtary servitcu le except as
 )uai - !:D ilefl'-'Sk lo tk',    M   o in0 C (ts      o tt
 that line slavery 3s heu eby recognized as eiisting, an-id shall not be in-
 terferedI wilih  Congrs,4 but ,shall be protected as proper ty by all the
 departtni'.k ei 'tr) f. ' Ic territorina governi-neat (lutring its contin] ua tce; all
 thel territory nol t-7h or south of said line, within such boundaries as
 Congre-ss mlay pr'es.cribe, w-hen it contains a population necees-sary for a
 melmiber of Congresie9s), with a Republican foirn of goverment, shall be
 admitted into the Ut)intio   on anl Oquality withl the1 ONiOinal States, With
 or without slavery, ats the Constitution of the State shall prescribe."
 The corresponding section of the amendmnent proposed by the Con-
 ference of the States upon tfhe same subject is as follows  "In all the
 present territory of the United States, north of the parallel of 36 deg.
 30 min. north latitu(le, involuntary servitude, except as punishment of
 crimes, shall be prohibited. In all the present territories south of' that
 line, the stlabts of' persons held to involuntary servitude or labor, as it
 nowx exists, shall not be chamged ; nor shall any lawv be passed by
 Congress or the territorial legislature to hinder or prevent the taking
 of such persons in the States of this Union to sai( territory, nor iln-
 pair any rights arising firom  said relation ; but the same shall be
 subject to the judicial cognizance of the Federal courts, according to
 the course of the comrnoin law;" the latter clause of which provides
for the admissioin into the Union, in such convenient territory as Con-

 




6



PEACE CONFERENCE1 REPORT.



gress may provideStates with or w7ithout ilvery as their Conituttiov
may pm-o; ide, when the pOp ilit.io  581 t 1 bo e qal to tl-vO ratif) of
representation. in C ng,-res,- 1. (shall be  nitedfi ji:3to th.e Vniion. Thel-
only substantial differenee betwveen the twvo sections thnat of MLr
Crittenden and the Convenflotun of States, is, that the s: ct1io11, Of- the
Conference does not prox ide for a (li  ofn of futue ac(u.ired teiritoiry.
Tuis pOvNisi()rL \VIts Oblc'kte( I to by m,- nty of the Statest representc d
bec a, use they l)Clieved thlw    bouint1Jlti) d Iacs a81t te(ritorv of tlie
'United States were lar',e t't   ; theQy did not wi  to pla-c in t-he
Constitution a section Ihisl p ellt"d to tile ws Id(1 tHitat  v w Vele Pre-
p.;ring ouIr' GOVe'nmTelnlt  po7 itlh  oW:)i I' ro 1o J ai -5a uon the
terrl-,Ltorv of Our neigh1bors.
   t W8A  b eiev  '4  th tt tA I  i Fi t  iA j7K) U  tNiI5 . pfOD )  i-)V ; V  U 0 i'   B A 8.V iV e)' r
   - VV1) c C Vi r               r 01 0''+I Att      i o n   r y 'never 11.  j
   be Callcl i0)o    (l ' --I'7Ct 1i  lo 'W 'I   i't    I
 1)0 C Liled tS tno "act t1011,  .  
 Ne be lie it  ou  be r    h "            iot if rx      4
 1           3 ,iei. tps " t of o      r. 110 1 t rl.pe' evno                                t1,
 b iii 11L111501ajd7 t l 5I OV'i 01.      tL i i tT3 i i  3


 b thenow CV I: iIIIIsc'(,; , iX ( 1       t'v  r
 ti e of l   1    _  1     t 1e inetxY O-I ti t'V Ie'  H"
 b u7 tthot h i   1U til1 -I y it1        I I ;IL    I tr-Ift'TISE  



 The scftioli of the CoIne 1 CBCO eviny se I Lno  r-c o  tY\-  Iste-1'nt
 Constitution, the same linCuao'e 's is used in] the o cnn met i  I icto
 express th1 e saNe idtea, which -oe, mean, adI as b3een -e-  l -b tvhe 1eg
 itdative,  ju(iiciat 1 a(i exrcutive (l-pa, r-ents of the c- O0 vei'let to
 mean, Afrtticnan slavervIy andl pPllplty ini 1the samre. The llepr'e- Kent-i.t-gves
 soLm thoe f'ee States preJelred tihe langI4e e l(IIyed in the Constitu-
 tion, to swhich wte could see. n  just ob jetion ; nor chan there be any
 valni objection to the languaae elafiioysed, inll thin section of the aend-1)to
 in aet.
 The expressions s used in  doer. Critntenen's section, "theat sla'Ovey ls
 hereby i ucognized as existi ve south of that line," ow as objectie to by
 some, as it migaht be coanlstrled it meanhe at ytio establish slavery ipn Inc t;er
 ritory by a cnstaiteutionelle pitOei nguiage. To eo -iate all difieCulty, antu
 ret ove all excuse for votings anjust this section of the Cntfeherce by
 thaose who manifested a de4re/i7 to co-op3e1rXte with thLe Southernll Sttates,
 thle originl propositiont lvas agendelo d  its language, and the setion
 male to read, "that thse sittn of ei'stoten held to involuntary seavie or
 labor, as it neow exists, shizall not e cthatned byl anyI lax of Cob)ec ng esst
 or the territory."'
 it omas i)t well here t stated itt  is the establish of persons hed to
 in1vo1lutaly service or labo in nainl theis tectionr of the C fietred. St(ates
 south of w 6 deo . 39 )a m . ByT the lawo of Newit MheiSotwhich '3cov C()4ters
 the whole of' the territory south f that line, African slavery exists by
 territorial enactmient, protectedl by th-Ae C'onistitution of the lUTn.itted St`tates.

 



PEACE CONFERENCE REPORT.



The laws of the Territory protect the right of the owneri; provide
remedies, civil and criminal, for inijuries or violation of such rightt, as
completely and as effectually as it is protected in the Slate of' Ken-
tuAcky. This right, as it nowv exists, and the right to take slavtve, in to
that territory, shall not be impaired or changed by Congress, or the
laws of the territory. If, after the adOption of this clauce as a j)art
of the Constitution, the territorll legoislature should repeal its law,-, or
there should be a change of the deCision in the i)red Scott case, the
righlt and interest of the rrmaster in his slav e would not and co o uld not
be impaired.
   It was thought by somre that a telritorial legislature nmigli.t repeal
 the stat-utes furnishing the reinedies now existing for the rhts -and
 protection of the owneis of slavs udlr the id(ea tha.-t it woUld. 1n(t be
 a violation of the ri-ght O infte rest of thi-e 0wnl'.er.  The provWi on wv a s
 added   t1h e               the IrYit in and to the slave_1, d1fin-
 j nrlies---o1u0 Ldt be tc stulbject to the official ceriiztanee of the  !i  a l Courl ts,
 a1 ( eorl i ng to the coarls'e of thl e comolnli . llawi. I t  a a s b 't'' t ha .a t
 all intel [             :fent m t s. nay, any per, son of ordinary e  4-ac tv, vou1ld
 comprehend thle truee Iieaning 0,1 this plort-iaGn of the seCtion. By ome
 who are opposed to all a dju s-tmlenRt of Our pi esent nationol (51 i ,ibtlties,
 the meaning of this, clause h1as been pca veit ed(. It is charoed t; thle
 South has only securged to hier stlchi. intk-,r1es;-;t in Afri'can S'avJ. y a;V the
 common law recognlizes; ; and a, tlhie co on law does n ot r cc mi ze
 slavery in manl the prov ision is usele,;. Suchl obection;s do not d is-
 crimninate between right aild rem ely. Slavery, cas it now  It la w
 in New Mexico, is recognized, and is not to be i ipatired by law ; and
 if the right be interfered witi by others, if the teriltorial laxvw h'as ne-t
 furnished a remedy, the injured owxer is remitted to that cornmon la-w
 -which provides an adequate renemdy fur every wrong coa.ammitted upon
 person or property.
 To charge that the section refers the master to the common law as
 giving or establishing his right to a slav-e, is an imputation upon the
 intelligence of the members of the Convention North and South, who
 voted for it. Take the clause as it stands, and the statUte of New
 Mexico: if the clause were alopted as part of the Constitution, then we
 aver no owner of a slave in Kentucky is vested wvith a better right, or
 armed with a better remedy for the protection of that rig,-ht and the
 redress of the injury committled upon his slave. The provision is bet-
 ter, it is more permanent for the protection of slave property in a
 territory, than the simple constitutional intiunction, " that it shall be
 protected as property by all the departmnents of the territorial gov"-ern-
 ment."
 rfhe second section of the am tendinent proposed by the Conference
 is in these words   "No territory shall be acquired by the United
 States, except by discovery, and fbor naval and commercial stations,
 depots, and transit routes, w17ithout the concurrence of a imajorit )Tof all
 the Senators, from the States whicl allow involuntary servitude, and
 from a majority of the Senators of the States which prohibit the
 relation. Nor shall territory be acquired by treaty, unless the votes of
t e majority of the Senators from  each of the States hereinbefore



7

 



8



PEACE CONFER ENCE REPORT.



mefntioned- be cast as a part of the two thirds najority necessary for
thie ratific. ation of tsuch treaty."
   IT'his section. was proposed aid insisted upon by Virginia, an( waas
intuended to qualify the treaty-mak-ing power of the UTlited States, so
as to securec each section against any irproper anrnexatioii of territory
and if such majority be obtained, it wvill be upon an agreerneent for a
fair (ivislon bethween the two s-ections- for settIemen-if and occupcation.
   The third section of the article ag, ceed to by the Convention is as
 r I I8- MS:
    N"either the Conlstfitution, no  any amendiect thereof, shall he
constlri.edJ Lo give Congress the power to regulalcte. abolihh or' control,
within any Sta'te or Territory of the Unite(i Sttes, the rel,-ation estab-
lishled and reeogfnized( by the la1. vs thereof tm-Iehin- person)s bel to
labor or inIoluntary service therein, nor to inte-,rfere with or abolish
ihavoluntary service in the District of ColLnnbima, withlout the consent
cof Mtrylantrd, or without thte consent of tle ow ners, or malking the
o wners whIvo do iot consentJust coj)-pensation ; nor the powTer to intelr-
fere -withn orl prohibit Reprcscnt'dives or others from bringing with
them to tlhe Dist-rict of Columrrbin, rtaining  nd taking axvay persons
so held to labre or s1el;rvlice ; nor the power to interfere, with or tbolisl
involunta ry serviee in places undler the exelumive jurisdic'ti.On of the
nlitedl States, within those Statc  and Territoriies where the same is
estaxblshed orl -reeo!nized, nor thie pow7er to prohibit the remova-_tl or
transportation (3 persons hfell to labor or invollunt.ary service in anly
State or Territory of' the United States, to any other State or Territorv
thereol; where it is established or recog-nized by law or u;,ti sage; ant the,
-.right during the transportation, by sea o ri7e;, of tloiichinar at ports,
aoes, lanti  ,: udand landi.,uo in case of distress, shall exaist; but not
th:e iright of transit in or througoh any Sh tote or Teriutory for sale or
trafile against the laws thereof; nor sha11 Congress have power to
authorize any higher rate of taxation on persons held to labor or ser-
vice, tlan landis. The bringing into the District of Columbia persons
held to labor or service for sale, or placing them in depots, to be after-
wards transferred to other'places for sale as merchandise, is prohibited."
  This section embraces all of the 2d, 3d, and 4th sections of MAfr.
Crittenden's arnendment, except the latter clause, which proposed to
guarantee the right to take slaves thl-rough States wvhere slavery does
not exist. The amendment of the Convention does not embrace this
clause ; and the right to do so is left where it has always rested, to the
comity of each State. Some of the States where slavery exists,
have,, by statutes, prohibited the passage or importation of slaves as
merchandise, in or throug1 their territory. They have prohibited the
imiportation of slaves by their owvn citizens, for their own use, from
other States. It vas deemed that such a provision would be an inva-
sion upon the rights of the States, and, therefore, the amendment of
the Convention left that question where it has rested ever since the
Constitution was adopted. The right thus to transport any slaves
through any State is not embraced by the amendment. This exception
applies to all the States, slave as well as free. The 4th section is as
follows :

 



PE ACE CONFERENCE REPORT.



   "The 3d paragraph of the 2d section of the 4th article of the Con-
 stitution shall not be construed to prevent any of the States, by
 appropriate legislation, and through the action of judicial and minis-
 terial officerS, from inforcing the delivery of fugritives fromn labor to
 persons to whom such labor is due."
   It has been decidled by the Sulpreme Court that any law of a State
 which provided nmeans and furnished aid to the re-capture and retur n
 of fugitive slaves, was unconstituLtional ; this section permits States t'o
 pass Such laws. The 5th section is as follows:
     The forci(,n slave trade is hereby forever prohibited, and it shall
 be the duty of Congress to pass laws to prevent the importation of
 sla v es, coolies, or persons held to service or labor, into the United
 Stites andi teritories, from places beyond the lim-rits thereof."
   This section ough.it not to require any explanation ; no one can
 cl-ject to it except such as may desire the re-openino' of the African
 slave trade. 'We have heard it suIgested by some who seem to favor
 the independence of the seceded States, that upon theire becoming
 indlependent and alien States, this clause would prohibit the importa-
 tio of' such slav\7 es from these seceded Sktates tuto the United States.
 This should be so, else the United States migl't have their territ'i'y
 flooded by the African. rarce, -whenever the South1e1crn Confederacy shalt
 open the African slave trade.
   The 6th section prohibits the repeal of any of the guarantees in the
Constitution, or in this amnendmient, in relation to slave property, with-
out the consent of all the States.
   The 7th section is as follows : Congress shall provide by law that
the United States shall pay the owner full value for a fuogitive from
labor, in all cases wvhere the mianshal or other offieer whose duLty it
wNas to arrest such fugitive, wias prevented fromi. so doing by violence,
or intimidation, from mobs or riotous assemblages, or wvhen, after
arrest, such fugitive was restued 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 citizens of each State
the pTrivileg-es and immunities of citizens in the several States.
  This article is substantially the same as Mr. Crittenden's amend-
ment. It makes it the duty of Congress to pay the owner the value of
the slave, where the marshal shall be prevented by force or intimida-
tion from executing the law, and where the slave shall be wrested from
the owner after he is delivered. It was not necessary to provide in
this section that Congress should provide by law how the United States
may be indemnified for such payment. Under this clause, and the
section of the Constitution upon the subject of fugitives from labor,
the power to pass such laws for the indemnity of the United States
against such wrong-doers is plenary and full.
  The second section of    article of the Constitution of the United
States now reads: " The citizens of each State shall en 'joy the privi-
leges and immunities of the citizens of the several States." It gave
Congress no right to legislate upon the subject; it operates as a pro-
hibition to each State from discriminating against the citizens of other
         2



9

 


10                  PEACE CONFERENCE REPORT.

States, and would make void all such legislation. The clause added
to the 7th section of this article, that Congress shall provide by law
For securing to the citizens of each State the privileges and immunities
of citizens in the several States, cannot do more than to make such
discriminating laws void, and is therefore harmless.
   The section of Mr. Crittenden's amendment giving power to Congress
 to acquire territory in Africa, or South America, for the colonization
 of free negroes, was not acceptable to the majority of the States.
 They seem to prefer to leave that question to the Colonization Society,
 as a subject better and cheaper inanaged than it would be under the
 Covernmnent of the United States. It is proper to state, that upon the
 i st section of the amendment, the vote of the Commissioners of Ken-
 tuckVy w-as not unanimnous, nor was it always so upon questions of
 aniendments ; but wie claim for ourselves what we cheerfully accord
 to others, an honest and sincere purpose that some measure wvould be
 adoptel that would give confidence, quiet, and security to the SoUth
 and we reegret, that owvincg to the excited partitan state anid condition
 ef mnembers of Congress, both North and South, the shortn;ess of time
 Teniitted no fair test by a vote upon the amendment ploposed.
 Although the proposed amendment was not submitted to tlh( States
 for adoption, the unldersigned cannot hesitate to express a confident
 belbef that the border free States would grant all the -uarantees se-
 curied bly the amendment, and. thjey cannot believe that the remining
 free States would refuse to do the same whenever the question shall
be fairly presented to the people, which they hope may 'oe done by the
next Congress wh,-en it shall convene.
            With great respect, yours, c.,
                                           C. A. WICKLIFFE,
                                           JAAMES GUTIIRIE,
                                           C. S. 1IOREIHEAD,
                                           JOSHUA F. BELL.



 








                    AIIN-ORIT      REPORT.



7l His Lxcellcnciy, BRea/ti 311agrogln, Govetrmor of lernt'uc/ky:
  The undersigned, two of the Comrnission-ers appointed by resoatloti.o
of the General Assembly of the Comlmon-wvealth of Kentucky, to leet
such Collui-nissioners as might be appointe(l by other States, in accord-
ance with the request of the State of Virginia, to confer upon the
unfortunate condition of our country, not having had an opportuln-ity to
unite withd their co-comminissioners in the report wxhich they urindtetand
they hav-e mnadle, aILIt0Ught they 1rem1 (ained(I ina thIeI city of Va sh i  Io n a
fu-dI dI ay after the adjournment of th-e Con ven tion for the p o1) e of
joilnlh.1 \with them Hln a. lproper rep)ort to youir Excellency, fc el it d'ue to
tlhelinseivs, and i c tlas wlt as due to thle Gener;dl Assmbly,
thal they shall akse th s their separate report.
   T  X; t undersi-ried felt themselves bound, for th I guidanc eof their
action in the Convention, to re(8ratl in. some degree the 4th, resul!ltion
of th e Gene. al Asseblt)y wvN Thich they be- here to quote
  Rcsolvc-d, That in the opinion of the (AGeneral Assembly of I:SV'ttle(SkY,
the propositions cmbrLaced in the reS1lUtion11S presented to the  S1enat
of tle United States, bv the lion. John J. Crittenden, 'so c onstrut.4u -t hat
the first article proposed as an armendinent to the Constitution of the
United States shall apply to all the Territory of the United Stat--s now
held or hereafter acquired south of latitude 36 deg. and 3() nii_., and
provide that slavery of the Af-ican race shall be effectually protected
as property herein during the continuance of the territorial govern-
ment; and the fourth article shall secure to the owners of slaves the
right of transit with their slaves between and through the non-slave-
holding States and Territories, constitute the basis of such an taidjust-
ment of the unhappy controversy which now divides the States of this
Confederacy, as would be acceptable to the people of this Common-
wealth.
  They conceived that this resolution set forth clearly the opinion
of the General Assembly, as to what adjustmnent would be acceptable
to the people of Kentucky, and at the same time negatived the idea
that the resolutions of Mr. Crittenden would be acceptable, unless con-
strued in the manner set forth in the resolution. Whilst they did not
consider it to give them positive instruction, they did not feel them-
selves to be at liberty to depart altogether from the wishes of the State,
so solemnly announced by the representatives of its people.
  The undersigned have delayed making their report until the present
timne, in the hope of being able to append to it, as a part thereof, the
journal of the Convention, which would have shown every proposition
made, with the vote by States upon such as were brought to a vote.
rThey re-,ret that although a committee was appointed for the exprPss
purpose of superintending the printing of said journal, they have n ot

 



12



PEACE CONFERENCE REPORT.



as yet received a copy of it, and that their report is more incomplete
than they would have desired to have made it.
   The Convention assembled in the city of Washington on the 4th of
February, and continued its sessions until the 27th of that month,
when it adjourned sine die. B3efore the final adoption of the proposed
amendments to the Constitution, twenty-one States were present by
their delegates in Convention. A Committee on Resolutions, consist-
ing of' a member from each State, was appointed, to whom was refer-
re(d various propositions of adjustment. That committee fin.ally report-
ed, as the result of its dleliberat-ions, a proposition to amend the Consti-
tution bv a 13th article, consisting, of 7 sections, a copy of which;
marked A, is filed as a part hereof.
   lNotice of various substitutes for the report of the committee wars
given, but it was claimed and coneceded that before a vote upon au y
mubstitute could be taken, the report of the commlittee should be amend-
ed and perfected in convention.
  Many amendments were proposed; upon some of them, the under-
igned cwere so unforturate As to dit1ier from  the opinion of the
mTlajority of' their co-conml-issionces who cast the vote of' the State.
To one or tw,,vo of the more im opoirtant of thein they would bricitly csall
attention. A motion w7as tmade by Gov. Rceid, a delegate from North
Carolina, to amend the 1st section of the series, by inserting at the end
of the clause, " and in all the present territory sOuth of said line," the
wror'ds " iniroldntary servititdle is 'C(C'oIelZC/d, ard prop)erty in thos.e of' the
African race held to service or labor in any of ti/e AStiates of the Union,
-when rdislo'Ced to .su/c territor-y, shilavl be protcltC(t and." This amendment
received the votes of but three States--Virgilnia, North Carolina, and
Missouri. Seventeeint`i, States voted against it, Kentucly being, one of
them. From this vote the undersigned caused their dissent to be
recorded.
  A motion was made by Mr. Seddon, a delegate from Virgi-nia, to
amend the 3d section of the series, by inserting at the end of the
clause, " and the right during transportation of touching at ports,
shores, and landings, and of landing in case of distress, shall exist,"
the words, CC and if the transportation siali be by sea, t/ie right to persons
eld to service or labor shall be protectcd by the lederal Govcrnnient as o011cr
property."  This amendment was lost, Kentucky voting against it, from
which vote the undersigned caused their dissent to be recorded.
  The entire first section of the report of the committee wvas stricken
out. In lieu thereof, a proposition made by M.r. Frankli