Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-30

elsewhere than in the South.
Mr.. FARNswoRTH. VIII the gentleman
yield to ME for moment? .-nr.. Iis
Mr.. PENDLEToN. l must decline for the
present. l should have concluded what I
had to say but for these Interruptions.
Mr.. FARNswoRTH. just one moment. a
Mr.. PENDLEToN. Well, will yield to
the gentleman.
Mr.. FARNswoRTH. l find in the Con-
greSsionH Globe of 1S60-6l a proposition,
made, think, from the committee of thirty
three to amend the Constitution by inter
posing this article: ga i. .,-.-
"No amendment shall be made to the Constitution
which will Authorize give TO Congress the power "
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" ~ -.l''ts-I II l.-.- ~
On looking over the yeas and nays upon
that amendment find that the gentleman
from Ohio voted for the amendment.
/ wish to inquire of him if in the winter
of 1860 and 1861 it was necessary to amend
the Constitution by putting into it an arti-
Gle thereafter prohibiting such an amend
ment of the Constitution as would interfere
with slavery, why it is that we cannot now
adopt an amendment prohibiting slavery?
Mr.. PENDLEToN. The gentleman ought
to know too well the history Of that period,
in which he was an actor, to ask me that
question. lie was, as /, a member of this
House at that time, and he knows that
charges were made upon the Republican
party that they designed to do what their
history has shown that they have done, to
Interfere with the institution of slavery in
the States, and that proposition of amend
ment was offered, think, by gentleman
from Massachusetts Mr.. Adamsl to test the
good faith of the Republican party.
Several MEMBERS. Oh, no; you are mis-
taken.
Mr.. PENDLEToN. Was it not offered by
Mr.. Adams? Well, it was offered at all
events to test the good faith of the Repub-
lican party.
Here the hammer fell, the hour having
eXpired.l
Mr.. ASHLEY. 1 Imove that the gentleman
have leave to proceed.
Mr.. PENDLEroN. desire but five min
utes more.
By unanimous consent the leave was
granted.
Mr.. PENDLEToN. Mr.. Speaker. will not
trespass upon the attention of the House.
had desired in concluding what | had to
say, and in vindicating the motives of my
self and my friends in making the oppOsi-
ton to this amendment that / do, to place
myself upon grounds which / thought
would command the respect at least of those
who are opposed to me. ..
| was saying, sir, that it is to me n matter
of no consideration whether gentlemen
from the slaye-holding States agree to this
proposition or not, whether or not it is
against the tide Unpopular sentiment, wheth-
er or not we who stand opposed to it are in
small minority.
Mr.. FARNswoRTH. Will the gentleman
yield to me for a moment? Cries of "Oh
no."l .....
MIR. PENDLEToN. Well, not if it is to
press the point which l have already an
swered.
Mr.. FARNswoRTH. do not think the
gentleman from Ohio has answered the
point.
Mr.. PENDLEToN. Sir, will hear the gem
tleman.
Mr.. FARNswoRTH. l understand that at
that time the power to amend the Consti-
tuition so as to interfere with slavery was
not denied. find that the vote of the gem
tleman from Ohio for this amendment OF the
prevent further amendment of it allowing
us to legislate upon the subject of slavery
in the States was an admission by him of
the power of Congress and of the people to
so amend the Constitution. If it was not,
why did he vote for the amendment?
Mr.. PENDLEToN. AS | said before, the
gentleman ought to know, if he does not
know, that the power of amendment in this
particular was not then admitted by any,
body who agreed with me. Some gentle
men claimed it; quite large body of men
claimed it; but will venture to say that he
will not find in the debates that preceded
the vote on that amendment the admission
of any member who sat upon this side of
the Chamber, or of dozen men
who sat upon that side of the Cham
fourths of the States to make this
They denied that the prohi-
bition was necessary; but, admitting that
there was no power, they did agree, mas
much as it was not expressly stated in the
to vote for that amendmentin
order that in all future timeit might be the
subject OF no question whatever.
MIR. FARNswoRTH. Nobody at that time,
think, denied the power of Congress and
the people to amend the Constitution i'm this
regard. ..
MIR. PENDLEToN. Upon that point we
differ entirely. The gentleman sat here 1
and so did l. We had our own views of
public policy, as we have now. 1t may be
that we understood differently the positions
which various gentlemen and parties occu-
pleu dt JHdt Jluc.
Mr.. Cox. l will simply say in answer to
what has fallen from my colleague, that at
,he time those. resolutions were pending
ibis question of power was discussed, and
tor one, held then as | hold to-day, that
we had the power under this amendatory
,lause to reach slavery pro or con, and the
)nly question is whether we shall use that
bower as then for the benefit of the country
,r abuse it as now it Is sought to be abused.
Mr.. FARNswoRTH. The gentlemanis cor
'ect in regard to that, and, as said before,
lobody denied the power. The slavehold-
RS upon the floor of Congress at that time
themselves admitted the power, and were
onstantly charging thatw intended toex-
rcise that power. For the purpose of quiz
ting their fears in that regard, thecommit-
ee Of thirty-three was raised, who report
d this article, and it was passed through the
Iouse by the requisite two-thirds vote. 1t |
ears of the shareholders who were then /
hreatening'to dissolve the Union because
hey charged us with. the intention of in
erfering with slavery by an amendment
I the Constitution, which they all admit
I'd we had the power to do. llal tl3a /
Mr.. PENDLEToN. dissent entirely from
ne proposition of my colleague as well as
,om that of the gentleman from Illinois,
Mr.. Farnsworth.l The gentleman and l [
iffer about it, We cannot settle it, say, I
nd ] am prepared to show by the debates /
nat took place at that time, that the same
aim was made then which make to-day. |
+ was because it was believed that that
pinion was not assented to by the extreme
who had just then come into the
finn of tha GOvatn IN a,,fi that a.