Year: 1861

Brockenbfough intmaes, general concurrence of OPT
MON adverse the reopenng of the African slave trad
and such would seem to be the hereditary tradtona
position Of Virgiria


Mr. MoKToS-Will the gentleman permit me TO asl
him question? am perfectly satisfied that the gentle
man is not inclined to wiuy do any injustice to the peo
ple of the South-But if understood him correctly


think he expressed the opinion that an act against re-
opening the African slave trade had been vetoed BY
the President OF the Confederate States without sta
ting the grounds upon which that veto had been rem
dered merely wish to ask the gentleman if he has the
slightest impression that that was law nterdicting the
African slave trade and that the veto was placed upon
that ground at the time that the President signed il
II so. have to inform him that the Constitution Of
the Confederate States expressly inerdicts that trade
and if there was veto in relation to it, presume il
arose from the character OF the penalties for its viola
ton Some in the South think that the crime OF
piracy ia unconstitutional; and the Congress of the
Confederate States may tave passed a law changing
the character Of the crime moving the penalty ofpacy
and substituting that for felony and that the President
at Montgomery may have vetoed


Mr. SUMNERs-l certainly design no remark Of mine
that have submitted that shall submit to cast any
imputaton upon the motives conduct of our sister
States-noue whatever. However much it may be a mat
ter of regret that they have seeded from the Union and
the circumstances under which that secession occurred
the early action taken by them-I have not q word OF
reproach for the distinguished Of those States
the action of the States in the aggregate. | am sure my
language has not warranted any inference of that kind


was about to remark further in reply the gentle.
man from Orange. Mr. MORTON, that the information
which have received in regard to the action of the Con-
grfss of the Confederate States, at Montgomery is
through the medium OF the public press. | learned
through that channel tbas act 10 regard to the
foreign slave trade has been vetoed by the President
the new Southern Republic | understand further from
the public press that the effect of that action would be
to leave for the present least the condition OF that


aI - a ~


understood from the account Of the transactions at
Montgomery that it bill lessen the penalty i'm
posed for violation Of the law carrying that trade
Instead of leaving it as felony, it made be a
misdemeanor. have not seen the veto message, and
know nothing of the grounds upon which the President
predicates his Veto


Mr.. MoRroy hope the gentleman will understand
that did not mean to mpue to him the slightest nten
ton to misrepresent anything at all but thought that
the fact might have been cognizant to him that the
African slave trade positively nerdicted by the Con-
situ,ion OF the Southern Conf deracy t by the
tiele to which he is referring.


Mr.. SUMMERS, Mr.. President when you are making
constitution for your own country it will not do TO pre-
dcae upon what may may be the course of
other government Tne point Of my remark in this
gard simply this: That had this provision prohibit
ing the importation OF slaves beyond the present limits
of the United States been inserted il iu the future
the African slave trade should be introduced by the Con-
iederate States OF the South and should be made lawful
then by such phraseOogy, the difficulty to which have
referred might arise IT. would in that event, 10; be
importation from beyond the present limits OF the United
States and although you might prohibit the direct Ari
can slave trade might be led into he traffic through
the medium of an indepndent government contiguous
10 US aud which within Limits at the time
of adopting the provision.


think NJ President that there is really no reasona-
be objection the provision inserted here. II the
South concur in the expediency of the prohibition of
the African slave trade there is at last insuperabe
objection to having it made part Of the Constitution
any more than to having il in the statutes Of Congress
That such is the opinion Of the sope OF Virginia have
no reason to doubt.


The next section Is tha, in which certain sections OF
this adjustment aud certain provisions OF the Constitution
OF the United States rendered epealsble l. is as
follows:


"The first, third and fifth sections, together with this
section of these amendments and the third paragraph Of
the second section of the first article Of the Constitution
and the Z rd paragraph Of the second section Of the
fourth article thereof shall not be amended or abolished
without the consent OF all the States"


This renders rrevocable the provisions found in the
frs third aud fifth sections of these amendments and
further embraces the clause in present Constitution
which bases taxation and representation theefhs OF
the slave population and also the provision for the
dition Of fugitive slaves BY the amendment all these
safeguards perpeuated being rrepealible except
with the con ent OF every State in the Union.


| NJ President, among other causes OF apprehension
which have at various periods effected the public mind
not the least has been growing out OF limitations
within the last year or two from repres native men OF
the Republican party in the North that the time would
come when slavery TO cease entirely upon this con-
tnen that perhap' the child was now 10 e who would
witness the entire extinction of this institution. IL
natural to enquire how is this end to be brought about:


If il is to BE- done by what agencies is to be effected
They discllim all intention to make assaults upon the
rights Of slave owners within the States they disavow
the pse Of all violence or force. What is it: Public
opinion before which this institution is to fall down.
| Moral suasion; their pulpit eoquence, If it could de-
serve that nametbeir pulpit anathemas a0d denuncia
tons rather will say Are these the moving power
Do these constitute the machinery by which this end
threatened TO be brought upon Or do these gentle
men look to the increase OF free States TO such aggre
gate number enable them, at some future period to
change the fundamental Law of the land by the eqlste
m ority pointed out by that instrument itself? Is that
the modey These are the enquiries to which We have
been drawn by declarations of purpose, such as those TO
which have alluded. To remove this ground Of app
hension the section before US Is made 10 declare
that the section itself with the other sections therein
enumerated including that by which slavery not 10 be
touched in the States that in reference slavery in the
strict of Columbia the dockyards and arsenals the
interstate slave trade the rendition of fugitive slaves
and the representation of threefhs of the slave popu
a.ion all these provisions aud guarantees referred TO
here are made rrepealabls but upon The consent o
every State of this Union. The Constitution can 10
longer be amended changed ahrogaed in any OF these
particulars by Of three tOur,hs OF the States but
can only be repealed amended by the concurrug as
sent OF every State in the Union


And here might pause TO empire whether that Sec


ton aud that alone is not worth all the folt which Vir
ena instituted which ended in the convocaton of the
representatives, Of twentyone of the States 10 the city
of Washing on and which has placed here that section
| as asserted 10 in that Conference!


The 7h and last section Of this prcet is that which
relates 10 fugitive slaves and compensation for them:
sla,n de nv la.
shall nav 10 the owner the full vau Of his fugitive from
labor in all cases where the marshal or Other officer whose
duty il was arrest such fugitive, was prevented from
so doing b. violence intimidation from mobs riot
Gus assembages or when after arrest such fugitive
rescued by Ike violence and intimidation and the
thereby deprived of the same; and Congress shall pro-
vide by law for securing czans OF each State the
| privileges and immuailies Of the several States"
That addepdum of which | shall speak presently,
formed no part of the original section reported by the
committee bu, obtained its position here BY motions in
| the Conference of which shall speak hereafter.


Now. Mr. President in regard to this 7th section, so


far Us i: provdcs compensation TO the owner for fug


ves from lsbor lost bv violence intimidation, there
| shord he n,id Tne principal objection which | hear
made TO this provson is, that it does not the
right of reimbursement to the Government after pay
ment of the value OF the slave from the city county
where the violence or intimidation has occurred, and
with remedy over agans the tort tedsor wrong doer


In the first place remark it is quite apparent that
legislation to some extent will be required to carry out
| and execute this provision


The legislation Of Congress must provide some mode
of asceranng the value of the lost slave There must
be some judicial proceeding by which the value is TO be
ascertained The evidence upon which the claim is TO be
allowed and the manner of presenting such evidence the
tribunal which is hear the evidence and determine the
claim must bs provided by law Congress, when prov
ding by legislation 20 carry out this amendment Of the
Constitution can also provide by the same ac' the pro
per remedies against the city or county, or against the
&c IL hn haan,ad ahrisa ale n dr