Mr. BARRINGER:--I wish to make a suggestion in relation to Mr.

FRANKLIN'S subst.i.tute. I think it is not in order. The Conference has already determined to perfect the committee's report, before subst.i.tutes are to be considered.

Mr. CURTIS:--I now move to amend Mr. FRANKLIN'S subst.i.tute, by striking out all after the word "prohibit," in the third line, down to and including the words "common law," and inserting instead thereof the words, "but this restriction shall not apply to territory south of said line."

My proposition is offered in good faith, and to show that Iowa is disposed to compromise. I do not say that this is as far as she will go. I have inserted the very words used by our fathers. They prohibited slavery north and tolerated it south of the line. This was the original proposition of Virginia. If there is any thing in its ethics, they are Virginia ethics. Slavery now exists in these Territories. Let it be there. There is slavery in Kansas, Utah, and Nebraska. We cannot help it. It appears to me that the South ought to accept this amendment. It recognizes the opinions of our fathers. This was JEFFERSON'S idea when he drew the ordinance of 1787.

The Const.i.tution does recognize the relation of master and slave, in my opinion. I do not like it, I confess. You in the South do not regard your blacks as slaves in the absolute sense of the term. You have a right in their services, not in their bodies. You recognize them as _men_ in various ways.

Again I say, I do not offer this amendment to embarra.s.s the action of the Conference. It secures slavery south of 36 30'.

Mr. GUTHRIE:--This amendment would not be satisfactory either to the South or myself. In my judgment, it ought not to be adopted. We claim the right under the Const.i.tution as it is, to go into all the Territories of the Union with our property. This right is confirmed to us by the decision of the Supreme Court. There will be no compromise, if we cannot go home to our people and tell them that you concede this right south of 36 30'. Otherwise, they would throw the propositions in our faces. As it stands, the article gives you security, North. As it would be when this amendment is adopted, it would give the South law and litigation. We want peace. We cannot take this amendment.

Pending the consideration of the amendment offered by Mr. CURTIS, on motion of Mr. JAMES, the Conference adjourned to ten o'clock to-morrow morning.

SIXTEENTH DAY.

WASHINGTON, SAt.u.r.dAY, _February 23d, 1861._

The Conference was called to order at ten o'clock A.M., by President TYLER, and its proceedings commenced with prayer from Rev. Dr. BUTLER.

The Journal of yesterday, in part, was read. The Secretary stated that he had not found time to complete it.

Mr. ALEXANDER:--I move to rescind the resolution adopted yesterday allowing ten minutes to a member proposing an amendment, and ten minutes for the reply. I do not propose to discuss the motion. I think all will agree upon the necessity of rescinding the resolution. This will leave the five minutes' rule in full force.

A vote by States was asked by several members.

Mr. SEDDON:--I wish to call the attention of the Conference to this subject for a moment. I hope the present rule will not be changed. The debate up to yesterday was upon general questions. We have not yet gone into detail. We tried the operation of the ten minutes' rule yesterday. I am sure that it will not be claimed that any gentleman abused it.

Mr. JAMES:--We have scarcely discussed a question of detail connected with an article in the committee's report.

Mr. ALEXANDER:--I will withdraw my motion.

Mr. VANDEVER:--I tried to offer a resolution yesterday which I deemed important. It was then ruled out of order. I am sure it is in order now. It reads as follows:

_Resolved_, That whatever may be the ultimate determination upon the amendment of the Federal Const.i.tution, or other propositions for adjustment approved by this Convention, we, the members, do recommend our respective States and const.i.tuencies to faithfully abide in the Union.

Mr. BRONSON:--I rise to a question of order. The report of the committee and the amendments thereto, are the special order of business. We ought not to permit collateral questions to be brought in. We adjourned yesterday with the amendment proposed by Mr. FRANKLIN as a subst.i.tute for the first article of the committee's report before us. To that Mr. CURTIS, of Iowa, had offered an amendment, which was under discussion. Let us keep to our rules.

The PRESIDENT:--I think the resolution of the gentleman from Iowa is in order now.

Mr. VANDEVER:--I hope the question will be taken upon my resolution at the present time. All the questions we have been discussing are, in my judgment, secondary to another which ought to be first decided. Is this Conference true to the Union--true under all circ.u.mstances? If so, I regard it as highly important that the Conference should give some expression to that effect. Even if we should settle this great contention about slavery to-day, other questions might afterward arise. I am quite prepared to see a claim set up, to what is called the right of peaceful secession. I would guard against all such claims. The pa.s.sage of this resolution would have a beneficial effect upon the public mind. I think we still have a Government which can protect itself and the nation. My const.i.tuents believe this preliminary question quite as important as that of protecting slavery in the Territories.

Mr. RANDOLPH:--I move to lay the resolution introduced by the gentleman from Iowa, on the table.

Mr. BUTLER:--I want the resolution read again.

Mr. VANDEVER:--Let us all go on to the record. I ask a vote by States.

The resolution was read, and the vote being taken by States, resulted as follows:

AYES.--Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, and Ohio--11.

NOES.--Maine, New Hampshire, Vermont, Ma.s.sachusetts, Connecticut, New York, Indiana, Illinois, and Iowa--9.

So the motion to lay the resolution on the table prevailed.

The PRESIDENT:--The Conference will now proceed to the consideration of the order of the day. The question is upon the amendment offered by the gentleman from Iowa, to the subst.i.tute for the first section of the report of the committee, offered by the gentleman from Pennsylvania.

Mr. HITCHc.o.c.k:--I came into this Conference with the honest and single purpose of healing the unfortunate differences which now distract the country, having no sinister ends to answer. That purpose has. .h.i.therto remained unchanged. To accomplish it, there is nothing I will not sacrifice except principle and honor. I think the amendment of the gentleman from Iowa is, in substance, just the same as Mr. FRANKLIN'S subst.i.tute. In the one, a fact is implied; in the other, the same fact is expressed. I understand that neither proposition can command the support of those gentlemen in the Conference who favor a National Convention. Neither can the amendment command the approval of the border slave States. Certainly not all, if it can any of them. The adoption, then, of this amendment, will operate as a defeat of the first section of the proposed amendment of the Const.i.tution. Neither party in this Conference will accept it. While, therefore, I believe it ought to be accepted--while I believe it amounts to nearly the same as the original proposition, I will not peril the Union upon a mere question of form.

I did not come here to inquire into causes. Our differences exist, and I do not think they were occasioned by the success of the Republican party in the last Presidential election. The plotters against the Union have seized upon the occasion to accomplish their designs.

By no fault of their own, several of the Border States are placed in a very unfortunate position. They wish to remain in the Union, but their people insist that certain of their rights shall be previously secured; in other words, guaranteed.

It is my firm belief that if the inauguration of President LINCOLN was over, if his administration had been for a few months in operation, we should all be at peace. Now, we must act upon the facts as they are presented to us.

I must vote against the amendment of the gentleman from Iowa in order to give the original proposition a fair chance. I wish to have it distinctly understood that this is the reason why I cast my vote against his amendment.

Mr. JAMES:--I do not rise to debate the question at length, now before the Conference. I think that this amendment brings us at once to the true issue which the case presents. We have hitherto been talking about abstractions. Now we come directly to the point. As this is a Conference to settle disputed questions, the sooner we come to the true points in issue, the better.

What is the cause of our present differences? It is not found in any action of the North. No Northern State proposes to disrupt the Union or to threaten its stability. But certain of the Southern slave States come here and say to us that certain alleged rights of theirs must be secured, or they cannot induce their people to consent to remain in the Union.

I have heard a great deal said in this Conference about civil war.

Now, civil war is not a pleasant subject to consider; but, gentlemen, I pray you to remember that the North proposes no civil war. She declines to consider the subject at all, now. If civil war is brought upon the country, it will be your work, not ours. The North will do all she can to stay your hands--to prevent you from plunging the country into civil war. She will not enter upon it until you force her to do so. When you begin it, and force her into war in order to defend the Government and the Union, I have no doubt she will enter the field and carry on civil war until the Union is restored and its enemies put down. Let me ask you, gentlemen, who have so much to say about war, whether you had not better leave that question where it is?

It has been a.s.sumed, and very often stated here, that the present Const.i.tution gives the right to the Southern slave owner to take his negroes into any of the Territories of the United States, and hold them there as slaves. I think it would be well for you not to act so entirely upon that a.s.sumption. A different view prevails quite extensively at the North. It will be a long time before that view is changed.

Now, you gentlemen of the South propose to restore the Missouri Compromise line. To induce us to adopt it, you say that the territory south of it is a barren, worthless desert--that slavery can never obtain a substantial foothold there. Why, then, do you make the subject one of so much importance? Why do you risk all the calamities of civil war and a disruption of the Union for such a poor reward? We should distrust all your statements, we should disbelieve all your professions of patriotism, if we could for a moment credit the a.s.sertion that you would break up the Union on such a worthless pretext.

You ring the changes in our ears upon the decision of the Supreme Court in your favor. Let me tell you plainly that there is no section of the Union in which the decisions of that court have been so fully and fairly respected and observed as in the free States of the North.

With that you should be satisfied.

You are in trouble; that is evident. Your troubles have been caused by the repeal of the Missouri Compromise. That, again, was your work, not ours. We opposed the repeal to the end. You had the power and you carried it. Now the North is indifferent about the restoration of that compromise; but if that will satisfy you, restore the _status quo_, and the North will stand by you. But you must not expect now, that the North will do any thing better for you than to extend the provisions of the Missouri Compromise to the Pacific Ocean.

Mr. CARRUTHERS:--The gentleman from New York who has last addressed the Conference, appeals to us to accept the amendment now proposed, upon the grounds of justice and equity. What is the present state of the case? We claim the right to go into all the Territories with our southern property. The Supreme Court has confirmed this right to us.

With this advantage in our favor, we have met here to compromise. What is the proposition now? It is to give the North all the territory north of 36 30', and to leave all questions concerning the territory south of that line without any adjustment at all! That gentleman favors no compromise at all. He proposes that we should go home without any adjustment. Shall we go back to our excited people and say this: "The North will make no adjustment with you"? Is this the way to settle the important questions that now distract the country?

We have not come here for war; we have come here for peace. We have come to settle all the questions between us upon a fair and equitable basis. How are we met? Gentlemen from the North say they will give us nothing. All we ask is right and justice--that right which the Const.i.tution and the Court has given us in _all_ the territory, _secured in one-third of it_. With that we will be content.

Some gentlemen object to the phraseology of the article. Let them have all that their own way. They stop here to quarrel about words?

Settle those as you like, but we ask all the friends of the Union to stand by, and reject all amendments which affect the substance of the article. Such a course will end all contention.

We read in Sacred History that the Israelites were once so conscientious that they would not fight on Sunday. They were attacked and overthrown. They finally agreed to compromise the question of conscience so far as to fight in self-defence on Sunday. They were attacked then, and the enemy was overthrown.

The report is not such as we could wish it might be, but, such as it is, we will accept it and stand by it. We will adopt it, and we ask the North to adopt it, in the true spirit of compromise.