any value, because they have a code of procedure, is made a terrific objection here.

Now, sir, I have never read the code of New Mexico, and I do not propose to read it; but it is perfectly understood that that Territorial Legislature, pursuing the privilege, if you call it privilege, conferred by the compromise measures of 1850, has established the relation of master and slave, or master and servant, as perfectly as it is established in any of the fifteen so-called slaveholding States. I do not admire this word "status," which we find in the report of the Peace Conference; but as to the meaning of that word, I cannot be in any doubt. It does not refer to any persons in particular; it refers to a legal relation of servitude as between master and servant, and it provides that that relation, or condition, or status, shall not be changed; that for all wrongs or controversies arising out of that there shall be a remedy through the Federal judiciary.

I can see why the commission made this distinction. There have been many who have insisted that the Congress of the United States should pass laws for the protection of the right of the master to the services of his slave in a Territory; but it has always been my opinion, that the worst thing the slaveholding States ever could have would be to have that; for there would be a perpetual controversy here from session to session, and from day to day, whether the law went far enough in giving protection or went too far; and they would be remitting their right to the adjudication of the Senators and Representatives from the non-slaveholding States. Others have insisted, as the propositions of my honorable friend from Kentucky provided, that the relation should be protected by the legislation of the territorial authority. I would rather it were so, individually, if they chose to establish it. The peace commission do not want that. They evidently do not want to quarrel with the Territorial Legislatures about the measure of legislation; but they declare the right, and then say that this right shall be enforced in the Federal judiciary according to the course of remedies and forms of the common law. I do not see how there can be a doubt; and yet, as I have said, it seems to me that a great deal of it is unnecessary verbiage. I do not mean to debate that; I am not one of the peace commissioners; I am not to select my words to express the idea; but I am here; and my State with other States, having appointed commissioners in view of a crisis like this, as they esteem it, and as I esteem it, and they having agreed upon a great variety of propositions, some of which commend themselves to my judgment and some do not; but taking it altogether as one proposition, I am satisfied that I must

either vote for all of it, or let all of it fall. I would rather vote for the proposition of my honorable friend from Kentucky. I said that sixty days ago; and I have said it in season and out of season. I have expressed my views frequently. I think the proposition of the commissioners would be better expressed, though it would come to the same thing, in these words: "in all the territory south of that line, it is hereby declared that no law or regulation shall ever be made or have any effect denying or impairing the right of the inhabitants to the service or labor of such persons as were held in that condition in any State of the Union; and thence taken into the said Territory." That would Have expressed my idea more clearly, yet I am satisfied with this; it amounts to that. Whether the word "status" be good Latin or good English, the meaning is very clear.

I believe I admonished the Senate two hours ago that time was very precious; and I shall not detain them myself.

Mr. BAKER:-Mr. President, I mean to vote for the passage of these proposed amendments, just as they are, without any change; and I propose to give very briefly a few of the reasons which govern my judgment in that act. I will do it as pointedly as I can, and I will certainly do it very briefly.

In the first place, I feel that I am but submitting to the people of the whole country, amendments which they, and they only, can incorporate in the present Constitution; and I do not believe that, in any state of the case, I can do very wrong in doing that; but when I consider the immediate condition of the country, I feel that I am doing very right. Twenty States assemble in what is called the Peace Convention. They recommend to us, in times of great trial and difficulty, the passage of these resolutions. They are eminent men; they are able men; they are very many of them, at least-great men; they have been selected by the States which they respectively represent, because of their purity of character and ability. The country is in great trouble. Six States have seceded; and I am told by very many men in whom I have great confidence, that their States are to-day trembling in the balance. I believe it. I am told-and upon that subject I have not yet made up my mind-that the adoption of these measures by the people will heal the differences with the Border States. I do not believe that I can do wrong, therefore, in giving the people of the whole Union a chance to determine these questions.

In the beginning, I voted against the propositions of the distinguished Senator from Kentucky. Even then I did not perceive any great harm in submitting any propositions to the people of the United

States which circumstances might appear to render necessary for any good purpose. I refused to vote for them, for two reasons: first, I believed something better might be attained; and second, I did not believe that the people of the States would agree to them. I do not believe that now, and for one simple reason: I think I may consider myself in some respect a representative of the opinion as well as the power of my own people. I am a Republican, a zealous and determined one. I . have all my life been of the opinion that Congress ought not to protect slavery, and to extend the dominion of this Government for that purpose or with that possibility. A great many in the North, who are not Republicans, but are what we call DOUGLAS men, have shown, at the last election, under something of trial and sacrifice, that they too, do not believe that the Constitution does or ought to extend slavery. I am not disposed to give up that opinion; I do not believe they are. I was not disposed to give up when six States were in the Union who are now out, as they say; and I am not disposed to give it up yet. Inde•pendently of pride of opinion, I do not believe that kind of sacrifice would accomplish any good result.

These are the reasons in brief which induced me to vote with regret against the propositions of the distinguished Senator from Kentucky in the earlier portion of this session. But now, we are within two days of adjournment. Propositions essentially variant in their character to those are submitted here; and I am asked: "Will you, in your representative capacity, submit these to your people for their decision, either to accept or reject?" Now, why not? I need not dwell upon the fact that, while we are a representative, we are at the same time a democratic Government. I will not shut my eyes to the fact that twenty States appeal to us; I will not shut my eyes to the fact that there is imminent danger of permanent dissolution; I will not shut my eyes to the fact that, though the Republican party is in a constitutional majority, it is not yet, and it never has been, in an actual majority; and I do not believe that it is possible for one-third of the people to coerce the opinion of two-thirds.

Mr. WILKINSON :-I wish to ask the gentleman a question.
Mr. BAKER :-Do, sir.

Mr. WILKINSON :-I understand him as saying that the whole of the twenty States which were assembled in this Peace Convention agreed to this proposition.

Mr. BAKER:-My distinguished friend was writing, instead of listening, when he understood that. I did not mean to say that, and I did not.

Mr. WILKINSON :-I understood the Senator to say that twenty States appealed to us.

Mr. BAKER :—Yes, sir; just as I say that the Government appeals to another Government, I do not say every individual in it; just as I say that Congress appeals to another Government, not every individual member of Congress; but I do say, in the words of the proposition before us, that "they," the Peace Convention, composed of the States recited, "have approved what is herewith submitted, and respectfully request that your honorable body will submit it to conventions in the States, as article thirteen of the amendments to the Constitution of the United States." That is all I said, or, at least, it is all I meant

to say.

Now, sir, suppose every argument that the distinguished Senators from Virginia have brought to bear on this proposition was true: what then? Is that any reason why it should not be submitted to the people? Suppose they do not approve of it: what then? It is their business, hot ours. Suppose they should: it is a measure of peace, of security, of union. Sir, I know, as you do, many of the members of that Convention. I have acted with them as Whigs in old times, and I wish they could come back. I know they have proved in old times, as they will prove again, that they love this Union to the very depth and core of their hearts. I do not propose to give them up; I do not propose to weaken them; I do admire, with my whole heart, the sacrifice of opinion which they make, and which is typified by the noble expression of the distinguished Senator from Kentucky to-day. Party or no party, North or no North, I, at least, will meet him half way. My State is very far distant. She had no members in that Convention. I do not know whether she will approve this measure; but I know it will neither hurt that State nor me to give her a chance to determine. I know very well that the Senators from Virginia do not approve it. That is the very reason I do. [Laughter.] If I was sure they would not think me guilty of disrespect, I would remind them of what was said by a distinguished man in old times. Phocion, in the last days of his Republic-and I hope in that respect, at least, there will be no parallel— Phocion was once making a speech to the Athenian people, and something he said excited very great applause. He turned around to gentlemen, friends near him, and said: "What foolish thing have I been saying, that these people praise me?" Sir, if Virginia, represented as she is to-day-not as I believe she really is—but if Virginia, represented as she is here to-day, and as she has been during this session, were to approve these propositions, I should doubt them very much indeed.

I was surprised, however, to hear some things that the distinguished Senator from Virginia-I do not know whether to call him junior or senior-said. I do not mean the Senator who spoke last. He [Mr. HUNTER] says that this proposition here is worse than the old Constitution. If that be really so, what in the world has he been complaining of so bitterly? He tells us, now, that under the old Constitution slavery was secure. Then, why do you grumble? He considers it as secure, not only wherever it is, but wherever it can go-nay, more than that; wherever the Stars and Stripes of the American Republic can float. I have been telling my people that, as a Republican, for a long while, and complaining of the Dred Scott decision; but he says slavery is secured. All the complaint that the other Senator from Virginia [Mr. MASON] makes, is against the decision of the courts in the free States we have been in the habit of making, which he insists are against the decision of the Supreme Court, constituted other than we wished it was. We have been in the habit of believing that one of the great evils we complained of was under the old Constitution, and that a new construction was given to it, alien to the intention, wish, construction, of our fathers; and we have complained that the Supreme Court was so constituted that it could not be reversed. We complained, as partisans, that now this Senate and the other House were so composed that we had no power in the Government, save through the President. Now, the Senator from Virginia indorses the whole of it, and says they were very well off, and did beautifully. Then why dissolve; why threaten; why make a Peace Conference necessary?

Mr. President, let us be just to these propositions. As a Republican, I give up something when I vote for them; but remember, sir, I am not voting for them now; I am only voting to submit them to my people; and I shall go before them, when the time comes, being governed in my opinion and advice as to whether they shall vote for them or not, as I see that Virginia, Tennessee, Kentucky, North Carolina, and Missouri, by their people, desire. To be frank, sir; if this proposition will suit the Border States, if there will be peace and union, and loyalty and brotherhood, with this, I will vote for it at the polls with all my heart and with all my soul; but if I see that the counsels of the Senators from Virginia shall prevail; if my noble friend from Tennessee [Mr. JOHNSON] shall be overwhelmed; if secession shall still grow in the public mind there; if they are determined, upon artificial causes of complaint, as I believe, still to unite their fate, their destiny, and their hope, with the extremest South, then, perceiving them to be of no avail, I shall refuse them. Therefore, at the polls at