both proper and necessary. It can certainly do no harm to the South; and if the South wishes to be fair, it will not object to it.

Mr. CHITTENDEN:-I oppose the reconsideration of the vote adopting Mr. HALL'S amendment, and I will state very shortly the reason why. If the doctrine is to be established here, that the report of the committee is too sacred to be touched -too perfect to be made subject to amendment-let us know it. It will relieve myself, and I think many others, from farther attendance here; and I wish to say now, that if we are to sit here, such considerations must not be presented in future.

Mr. FOWLER:-I will withdraw my motion.

Mr. FRELINGHUYSEN:-I certainly wish some one would renew the motion to reconsider the vote upon Mr. HALL'S amendment. I do not like to do it myself, but I think if that amendment were reconsidered, we would fix upon some terms that would be satisfactory to all sides.

Mr. AMES:-I do not see the necessity for adopting Mr. MCCURDY's proposition. I think it amounts to nothing. It is simply a prohibition in the Constitution against the exercise of a right which no one wishes to exercise. I oppose it because it is unnecessary.

Mr. MCCURDY:-I certainly do not wish to insist upon an unnecessary amendment. If the third section, as reported by the committee, is adopted, it declares that the right of transportation, &c., shall exist. Under this, if no amendment is adopted, slaves may be bought and sold in any of the waters of the free States.

Mr. CRISFIELD:-What difficulty or damage does the gentleman propose to obviate by his amendment?

The PRESIDENT:-The Chair has already decided that the proposition of Mr. MCCURDY is not in order.

Mr. CHASE appealed from the decision of the Chair, and upon the appeal the decision was sustained.

Mr. FIELD:-I understand this decision cuts off both the amendments offered by Mr. HALL and Mr. McCURDY; that compels us to vote against the proposition of Mr. GROESBECK.

Mr. CHITTENDEN:-The amendment offered by my colleague, Mr. HALL, has been accepted. It stands as the order of the Conference, and cannot be rescinded except by a vote. I sus

tain the decision of the Chair, because, by every rule of parliamentary law, it was correct. But one thing farther. It is now perfectly in order to move Mr. McCURDY's proposition, or any other, as an addition.

The PRESIDENT:-Most clearly so.

Mr. CRISFIELD:-I do not discover any particular objection to the amendment of Mr. GROESBECK. If it had been reported by the committee, I should have preferred it; but the South is willing to take the section as it stands, and prefers the original to any substitute.

Mr. NOYES:-I am against the substitute, for it destroys the effect of the amendments offered by Messrs. HALL and McCURDY.

The vote was then taken upon Mr. GROESBECK's amendment, and resulted as follows:

AYES.-New Hampshire, Rhode Island, Connecticut, Pennsylvania, Delaware, Ohio, and Indiana—7.

NOES.-Maine, Vermont, Massachusetts, New York, New Jersey, Maryland, Virginia, North Carolina, Tennessee, Missouri, Illinois, and Kansas-12.

And it was rejected.

Mr. GUTHRIE:-I feel that my mission here is ended, and that I may as well withdraw from the Conference. I seem to be unable to impress gentlemen with the necessity of accomplishing any thing. The report of the committee is not satisfactory to the South; it is even doubtful whether they will adopt it; certainly they will not, if it is cut to pieces by amendments. I may be compelled to sacrifice my property, or go with the secessionists. At my time of life, I do not wish to do either.

Mr. MCCURDY:-I regret that my amendment produces so much feeling, but I think, at all events, we should prevent the sale of slaves in the free States; it should be prevented beyond any possibility. I renew the offer of my amendment.

Mr. EWING:-If the laws of New York will permit the ale of slaves within the limits of that State, then we should prohibit the sale in the Constitution as proposed; but so long s that State has power to pass a law prohibiting it, there is o necessity for the amendment. The owner is only permitted

to touch with his slaves, under certain circumstances, at the ports of free States.

Mr. RUFFIN:-It is impossible that slaves can be sold in a free State under the section reported by the committee. We propose to give the right of touching at those ports as a privilege, but we give no right of sale there. The laws of a free State could not be evaded in this way. Each State is supreme within its own limits; that supremacy would not be aided by this proviso.

Mr. TURNER:-Suppose a slave owner is compelled to stop at the port of Cairo, through stress of weather or any other cause, and he dies there, are his slaves set free by his death? Does not the law of actual domicil prevail? I think they will be regarded as slaves, and that under this provision they might be administered upon and sold as a part of his estate.

Mr. POLLOCK:-I think we may obviate all difficulty by inserting after the words "landing in case of distress," the words "but not for traffic or sale."

Mr. TUCK :-I am in favor of the amendment proposed by the gentleman from Pennsylvania. It is not proper or best to encumber these propositions with amendments that are not

necessary.

Mr. LOGAN:-Every State has the right to regulate transit within its own limits to suit itself. The proposed amendment gives no rights except such as are expressly named: "a right, during transportation, of touching at the ports, and of landing in case of distress." The right of the State to regulate transit is left unimpaired.

Mr. HOWARD:-There is one principle of law which will settle this question at once: property that is held under State laws must be transferred by the operation of State laws alone. Slaves are held and transferred by the specific laws of the States in which they are held.

Mr. PALMER:-The right of sale cannot possibly arise out of the right to touch during transportation at a port, or the right to land in case of distress. I cannot see the slightest occasion or necessity for the adoption of Mr. MCCURDY's amendment.

Mr. MCCURDY's amendment was rejected by the following vote :

AYES.-Maine, Vermont, Massachusetts, Connecticut, New York, Indiana, and Iowa-7.

NOES.-New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois, and Kansas-14.

Mr. POLLOCK's amendment was then adopted without a division. Mr. VANDEVER:-I wish to propose an amendment by way of proviso:

"Provided nothing herein contained shall be so construed as to prevent any State from prohibiting the introduction as merchandise of persons held to service or labor, or to prevent such State from prohibiting the transit of persons so held to service or labor through its limits."

Mr. FIELD:-This does not cover Mr. McCURDY's proposition at all. Is there any secret purpose here to bring into the Constitution a provision which will permit the sale of slaves in free States? If there is not, why not say plainly that the States shall have the exclusive right to determine who shall and who shall not cross its borders, and what shall be the subject of sale or traffic within them?

Mr. GUTHRIE:-The States have all the powers which are not expressly delegated under the Constitution to be exercised by Congress. Congress has no power, except such as are expressly conferred upon them. The power to prohibit the sale of slaves rests somewhere. It has not been conferred upon Congress; it must remain in the State.

Mr. SMITH:—The argument of the gentleman from Kentucky seems to me very inconsistent with his report in other respects.

Mr. HOWARD:-The Border States are trying to get back the seceded States. We hope they will come back. We expect the adoption of this report to offer a strong inducement to them to return to the Union. It will not offer such inducement if its general effect is ruined by amendments.

The vote upon Mr. VANDEVER'S amendment resulted as follows:

AYES.-Maine, Vermont, Massachusetts, Connecticut, New York, Indiana, and Iowa-7.

NOES.-New Hampshire, Rhode Island, New Jersey, Pennsylvania. Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois, and Kansas-14.

So the amendment was not agreed to.

Mr. CLAY:-I have already stated that the State of Kentucky is prepared to adopt the CRITTENDEN amendment; that amendment will be satisfactory to the Border States. The longer we remain here the more I become satisfied that the CRITTENDEN amendment will meet with more general favor than any other; therefore I ask the consent of the Conference to introduce the CRITTENDEN amendment as a substitute for the committee's report.

The consent of the Conference was not given to Mr. CLAY'S proposition.

Mr. GROESBECK:-I move to amend the third section by inserting after the words "in case of distress shall exist," the words "but not the right of transit in any other State or Terri tory without its consent."

We must certainly do something to cover this difficulty; if we omit the subject entirely, we shall leave much opportunity for cavil on this question when the question goes to the people.

Mr. RUFFIN:-I move to amend the amendment by substituting in place of the words "without its consent," the words "against its dissent."

Mr. GROESBECK:-I will accept the amendment.

The amendment of Mr. GROESBECK was agreed to by the following vote:

AYES.-Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, and Ohio-10.

NOES.-Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, and Illinois-8.

Mr. ALEXANDER, of New Jersey, dissented from the vote of that State.

Mr. GRANGER moved that when the Conference adjourn it adjourn to half-past seven o'clock this evening.

The vote upon Mr. GRANGER's motion was taken by States, and resulted as follows:

AYES.-Maine, New Hampshire, Vermont, Massachusetts, Connecticut, New York, Pennsylvania, Tennessee, Ohio, Indiana, Illinois, Iowa, and Kansas-13.

NOES.-Rhode Island, New Jersey, Delaware, Maryland, Kentucky, and Missouri-6.

So the motion was adopted.

On motion of Mr. CHASE the Conference adjourned.