Ohio History Journal




The OHIO HISTORICAL Quarterly

The OHIO HISTORICAL Quarterly

VOLUME 70 ?? NUMBER 1 ?? J A N U A R Y 1961

 

 

 

The Corwin Amendment

In the Secession Crisis

 

By R. ALTON LEE*

 

 

 

THE ELECTION of a Republican president in November

1860, on a platform opposed to further extension of slavery,

sparked the secession of South Carolina from the United

States. Between December 20, 1860, and February 1, 1861,

the other six cotton states followed South Carolina out of the

Union. "Never since the world began was there a more

momentous crisis in the affairs of any people," declared the

report of a congressional committee.1 Although this statement

is too inclusive, secession undoubtedly was the greatest

exigency the American people had yet faced.

During the three-months crisis from the meeting of con-

gress on December 3, 1860, to the inauguration of Lincoln on

March 4, 1861, both Republicans and Democrats made various

attempts to compromise and conciliate. The "lame duck" con-

gress which faced these problems was dangerously split in

composition. The senate consisted of thirty-seven Democrats,

twenty-four Republicans, and two Americans, or Know-

Nothings. The house of representatives was even more closely

 

* R. Alton Lee is a graduate assistant in the department of history at the Uni-

versity of Oklahoma.

1 House Reports, 36 cong., 2 sess., I, No. 31, minority report of Miles Taylor,

John S. Phelps, A. Rust, William G. Wliteley, and Warren Winslow of the special

committee of thirty-three, 1. This series of documents, officially designated as Re-

port No. 31, will be cited hereafter as Committee of Thirty-Three.



2 THE OHIO HISTORICAL QUARTERLY

2    THE OHIO HISTORICAL QUARTERLY

divided into one hundred and nine Republicans, one hundred

and one Democrats, twenty-six Americans, and one Whig.2

Such division, together with the temper of the times, spelled

little hope for any successful cooperation.

In addition to close division in congress along party lines,

the picture was complicated further by the radical attitudes

of individual congressmen. One of the leading Republicans,

William H. Seward, wrote that "the Republican party today

is as uncompromising as the Secessionists in South Carolina.

A month hence each may come to think that moderation is

wiser."3 But over a month later he was writing home that

"two-thirds of the Republican Senators are as reckless in

action as the South."4 Henry Adams, the son of Congress-

man Charles Francis Adams of Massachusetts, was living in

Washington during this congressional session. He was in

immediate contact with politicians and political events, which

gave his opinion added validity. Henry wrote his brother that

no compromise would bring the South back. "We are beyond

that stage where a compromise can prevent the struggle," he

wrote.5 Even the Democrats, whose political future necessi-

tated a peaceful settlement, were divided. Stephen A. Douglas,

one of the leading Democrats in the senate, noted that there

were senators from his party who did "not want any settle-

ment."6

A Republican congressman said he refused to compromise

with the South for several reasons, one of which being that

"slavery is a sin, an outrage against humanity, and an insult

to God."7 When the Star of the West, in its attempt to supply

Fort Sumter, was fired on by South Carolina on January 9,

 

2 Congressional Globe, 36 cong., 2 sess., 1-2. The Globe listed three vacancies

in the senate, completing the total of sixty-six.

3 William H. Seward to Thurlow Weed, December 3, 1860, in Harriet A. Weed

and Thurlow Weed Barnes, eds., The Life of Thurlow Weed (Boston, 1883-84),

II, 308.

4 Seward to Mrs. Seward, January 13, 1861, in Frederick W. Seward, William

H. Seward, An Autobiography (New York, 1891), II, 496.

5 Henry Adams to Charles Francis Adams, Jr., January 8, 1861, in Worthington

Chauncey Ford, ed., Letters of Henry Adams (New York, 1930), 77-78.

6 Congressional Globe, 36 cong., 2 sess., 661.

7 Ibid., Appendix, 129.



THE CORWIN AMENDMENT 3

THE CORWIN AMENDMENT          3

1861, Senator Louis Wigfall of Texas informed the North

that its flag had been insulted. "Redress it if you dare," he

challenged.8 In an atmosphere heated with insults such as

these, it is not strange that compromise was difficult.

One of the plans of conciliation came from Senator John

Crittenden of Kentucky. But all of his proposals, including

the cardinal point of recognizing slavery south of the 36?? 30'

line, failed because of Republican opposition. The Chicago

platform, drawn up in 1860 by the Republican party, had as

its major plank opposition to any extension of slavery. Lin-

coln felt that the Crittenden plan would violate the main

principle on which he was elected and so opposed it. With

his opposition, the Crittenden plan could not carry congress

nor, it might be pointed out, were the prospects bright for any

congressional plan that Lincoln did not favor. Although

relatively unknown politically, Lincoln was the victorious

standard-bearer of the party, and many Republicans looked

to him for guidance.

Another attempt to solve the issues between the two sec-

tions was the Washington Peace Convention, with ex-Presi-

dent Tyler as chairman. This convention, instigated by the

Virginia legislature, met from February 4 to February 27,

1861, but its proposals, too, were rejected as yielding to

slavery. Both of these movements have received much atten-

tion and have been thoroughly analyzed. Between these two

came a third conciliatory effort, which has received much less

attention. This was the Corwin amendment, which, through

an addition to the United States Constitution, would have

guaranteed the right of slave property in the states where

slavery then existed. It was named after, but not originated

by, Thomas Corwin, representative from Ohio. This was the

only important plan during this crisis to receive the sanction

of congress, yet the research and study devoted to it is often

confused and sometimes erroneous.

The movement for and support of the Corwin amendment

seems to have been prompted by the necessity of holding the

 

8 Ibid., 1373.



4 THE OHIO HISTORICAL QUARTERLY

4    THE OHIO HISTORICAL QUARTERLY

border states in the Union. This amendment, which would

have done nothing more than reaffirm the right of property in

slaves, was a concession that the average Republican would

be willing to give in order to reassure the border states that

their valuable property would not be molested. The states in

this area had no need to "expand or die," and wanted to stay

in the Union; but not at the price of abolishing slavery. The

cotton states, led by South Carolina, were seceding principally

on the grounds that the Republican party was opposed to

slavery extension.9 This party was gradually gaining control

of congress and in the preceding November election had won

the executive branch. With control of the presidency they

could soon take over the judiciary, and in the not-too-distant

future would have congress, thus gaining complete control of

the national government. Since the Republicans were believed

to be opposed to slavery, the next logical step they would take

after gaining control of the legislative branch, according to

the gulf states, would be to abolish slavery in the slave states.

Therefore, the slave states must get out of the Union while

they could and set up their own government, dedicated to the

preservation and expansion of slavery.

When the states began to secede, the North pessimistically

felt it could only watch, hoping the fever would not spread too

far north. While some were wishing for an Andrew Jackson

instead of a James Buchanan, many in the North experienced

the sentiment later expressed by Samuel S. Cox, congressman

from Ohio, when he wrote that "there seemed to be a general

acknowledgment that secession at present was the best course."

He went on to say that this fact seems "now inexplicable to

many persons, because it is forgotten that from December,

1860, until March, 1861, there was hope of reconciliation."10

The North could do nothing rash to the seceding states as

 

9 For illustrations of this, see the secession resolutions of Georgia, Mississippi, and

South Carolina in Henry Steele Commager, ed., Documents in American History

(New York, 1958), I.

10 Samuel S. Cox, Union--Disunion--Reunion: Three Decades of Federal Leg-

islation, 1855 to 1885 (Providence, R. I., 1885), 64.



THE CORWIN AMENDMENT 5

THE CORWIN AMENDMENT             5

long as there was a chance of bringing them back peacefully.

Northern hopes and plans were summed up by Hamilton Fish

when he proposed that substantial concessions be made to

"secure Virginia and other Border States, and to strengthen

the hands of Union men, South." He continued by saying that

if the border states followed the gulf states he had no hope

of their being brought back. But if they could be held by

concessions, "they may remain, for the purpose of bridging

over the space and bringing back the Southern States."11

Even as late as March 1861 Seward warned Lincoln of the

danger of losing Virginia and Maryland. After reading his

inaugural address before its delivery, Seward warned Lincoln

he would have to modify his stand in the speech. Otherwise,

"within ninety, perhaps within sixty days" the North would

be obliged "to fight the South for this capital. ... In that

case," he continued, "the dismemberment of the Republic

would date from the inauguration of a Republican Adminis-

tration."12

To the slave states' charge that the ultimate aim of the

Republicans was the extinction of slavery, an idea that gained

credence especially after John Brown became a martyr in

northern eyes, the Republicans could answer by saying they

stood behind the Chicago platform. While the main plank

opposed extension of slavery, the Republicans said that the

fourth plank described their intentions in regard to slavery

within the states. This plank stated:

That the maintenance inviolate of the rights of the states, and

especially the right of each state to order and control its own domestic

institutions according to its own judgment exclusively, is essential to

that balance of powers on which the perfection and endurance of our

political fabric depends; and we denounce the lawless invasion by

armed force of the soil of any state or territory, no matter under what

pretext, as among the gravest of crimes.13

 

11 Hamilton Fish to W. S. Thayer, December 15, 1860, in Allan Nevins, Ham-

ilton Fish (New York, 1936), 80.

12 Seward, William H. Seward, II, 512.

13 Kirk H. Porter, comp., National Party Platforms (New York, 1924), 56.



6 THE OHIO HISTORICAL QUARTERLY

6    THE OHIO HISTORICAL QUARTERLY

Nevertheless, southern fears on this score continued. War-

ren Winslow of North Carolina gave expression to this sus-

picion in congress by calling attention to antislavery speeches

in the past "in these Halls" that had built up southern

anxieties. Among others, he pointed out that John Quincy

Adams had once affirmed congressional power to abolish slav-

ery and that Joshua Giddings of Ohio had advocated a plan

for slave insurrection.14 Thomas Ruffin, also of North Caro-

lina, called attention to the fact that Lysander Spooner's

book, The Unconstitutionality of Slavery, had been com-

mended by William H. Seward.15

Despite Republican protestations, the idea persisted. In a

congressional report Thomas Nelson of Tennessee pointed

out that "rightfully or wrongfully--the opinion has obtained

an extensive credence in the South" that because of the recent

Republican victory on the principle of non-extension of slav-

ery, "its next step would be to carry the 'irrepressible con-

flict' into the States and abolish it there."16 Another southern

minority report of this same committee expressed an equiva-

lent opinion."17 Even a northerner, John Logan of Illinois,

pointed out that although Republicans maintained there was

no justification for such mistrust, that was not the question.

The main point was, "Does the apprehension exist? You have

been told that it does," he said.18 So the problem of the Repub-

licans became one of assuring the slave states that they had

no intention of destroying slavery, only of preventing its

extension.

As early as December 1860 the New York Tribune reported

"conservative Congressmen" expressing the belief that pre-

vention of further secession was impossible, but they hoped

for compromise which would "preserve the border slavehold-

ing states in the Union with the non-slaveholding states."19 In

 

14 Congressional Globe, 36 cong., 2 sess., 627.

15 Ibid., Appendix, 227.

16 Committee of Thirty-Three, minority report of Thomas A. R. Nelson, 5.

17 Ibid., minority report of Taylor, Phelps, Rust, Whiteley, and Winslow, 2.

18 Congressional Globe, 36 cong., 2 sess., Appendix, 180.

19 New York Tribune, December 10, 1860.



THE CORWIN AMENDMENT 7

THE CORWIN AMENDMENT            7

January 1861 the Tribune stated that Republicans were aware

of "the embarrassing position" of the border states. "They

are loyal at heart," was the report, "and if they could be cut

off and disengaged from the malicious revolutionists of the

Cotton States, I do not doubt that the feelings of the Repub-

licans would prompt them to yield everything that they might

ask which could be granted honorably."20 Holding the border

states was so important that even the extreme plan was pro-

posed of buying the slaves in states "north of the Potomac

and west of the Mississippi." The estimated cost of this proj-

ect was set at $100,000,000.21 "Who would refuse to be taxed

for such a purpose? Nobody who is not a fool or a traitor,"

said the antislavery Tribune.22 The Corwin amendment, one

such proposal to reassure the border states in the secession

crisis, almost succeeded. The purpose of this paper is to

show Lincoln's influence on the amendment and to trace its

progress through congress.

When congress met on December 3, 1860, they received

President Buchanan's message. In this message Buchanan

asked, among other items, that an "explanatory amendment"

be proposed by congress. This amendment should deal with

the three specific points of controversy between the two sec-

tions: (1) express recognition of the right of property in

slaves, (2) protection of this right in the common territories,

and (3) recognition of the right of masters to obtain their

runaway slaves.23 The next day Alexander Boteler of Vir-

ginia proposed in the house that "so much of the President's

message as relates to the present perilous condition of the

country be referred to a special committee of one from each

State." The motion carried by a vote of one hundred and

forty-five to thirty-eight and the committee of thirty-three

was set up.24 It might be noted that of the thirty-eight vot-

ing against the committee, all were Republicans except one

 

20 Ibid., January 1, 1861.

21 Ibid., January 16, 1861.

22 Ibid., January 29, 1861.

23 Congressional Globe, 36 cong., 2 sess., Appendix, 4.

24 Congressional Globe, 36 cong., 2 sess., 6.



8 THE 0HIO HISTORICAL QUARTERLY

8    THE 0HIO HISTORICAL QUARTERLY

who was an Anti-Lecompton Democrat. Some of the south-

ern congressmen refused to vote on the proposition, because

they said their states were in the process of calling conven-

tions in order to secede from the Union, so it would be useless

for them to vote.

Two days later Speaker William Pennington announced the

committee membership saving he had chosen them "accord-

ing to his best judgment."25 Almost all agreed that his choice

of Thomas Corwin as chairman was a wise one, since he was

a strong Unionist, who had no sympathy for radical aboli-

tionists.26 However, some of the representatives questioned

his good judgment on the other members. John McClernand

of Illinois pointed out that there were sixteen Republicans

on the committee. Yet in the November elections that party

received less than 1,900,000 votes, while all opposition votes

totaled over 2,800,000 and these were represented by only

seventeen members.27 Clement Vallandigham of Ohio com-

plained that there was not one Democrat named "from the

sixteen free States . . . east of the Rocky Mountains."28

Professor Dwight L. Dumond has pointed out that "wherever

possible, Southern representation was accorded to Douglas

supporters who were out of harmony with the vast majority

of the people of that [southern] section."29 But even though

inauspicious, a start had been made in the house toward com-

promise.

In the senate a resolution for a comparable committee was

sponsored by Lazarus Powell of Kentucky on December 6,

but was not passed until December 18.30 The members of the

senate committee, the committee of thirteen, were named

December 20, the day South Carolina seceded. Membership on

this committee had a better distribution than that in the

 

25 Ibid., 22.

26 Josiah Morrow, ed., Life and Speeches of Thomas Corwin (Cincinnati,

1896), 60.

27 Congressional Globe, 36 cong., 2 sess., 39.

28 Ibid., 38.

29 Dwight Lowell Dumond, The Secession Movement (New York, 1931), 156.

30 Congressional Globe, 36 cong., 2 sess., 19, 117.



THE CORWIN AMENDMENT 9

THE CORWIN AMENDMENT            9

house. The Republicans had only five members, while the

gulf states had two and the border states three. The other

three were northern Democrats.31 It was to these committees

that all plans of compromise in congress were referred. Some,

like Crittenden's plan, were defeated in committee. Others had

approval of the committee of thirty-three but were defeated

in either the house or the senate. The committee of thirteen

finally had to report that it could agree on nothing.32

The idea that was to become the Corwin amendment orig-

inated in the senate committee of thirteen, with William H.

Seward first sponsoring it. This movement of conciliation

seems out of character with the antislavery ideas that Seward

had previously advocated, and it is to be questioned from

whence this idea came. Seward was known at this time as

the arch-enemy of the slavery forces. He was famous, or

infamous if one were in a cotton state, for his 1858 speech

in Rochester, New York, in which he coined the phrase

"irrepressible conflict" in describing the opposing forces that

were splitting the nation North and South. But even as early

as 1848 he had spoken in a similar vein and reiterated it in

the senate during the debates on the compromise of 1850 and

the Kansas-Nebraska bill in 1854. Then, too, in debate on the

compromise of 1850 he had answered the claim that the con-

stitution protected slavery in the territories by stating that

there was "a higher law than the Constitution."33 After the

elections of 1858 Seward had written the abolitionist Theo-

dore Parker that he was happy over the election of Charles

Francis Adams to congress. "I see, at last, Massachusetts

coming about," he wrote.34 Corwin later referred to Adams

as the "Archbishop of anti-slavery."35 All this would seem

to make Seward a radical antislavery man. But, on the other

31 Ibid., 158.

32 Senate Reports, 36 cong., 2 sess., No. 288, p. 1. Hereafter cited as Committee

of Thirteen.

33 Seward, William H. Seward, II, 352, 126.

34 Seward to Theodore Parker, n.d., ibid., 353.

35 Henry Adams to Charles Francis Adams, Jr., December 26, 1860, in Ford,

Letters of Henry Adams, 72.



10 THE OHIO HISTORICAL QUARTERLY

10    THE OHIO HISTORICAL QUARTERLY

hand, Seward's impatience with the "Radicals" and their un-

willingness to compromise has also been shown. His actions

in congress during this crisis seem to indicate that although

he was a staunch Republican in the sense of being antislavery,

he was also willing to arbitrate after the gulf states revealed

that they were no longer bluffing in their secession threats.

Lincoln, the president-elect, was slow to make known his

views on the compromises proposed in congress. But as Pro-

fessor David M. Potter has shown, he gradually indicated

how he stood on the issues and soon took over direction of

the compromises through the Republican leaders in congress,

especially Seward.36 At the same time he brought his influence

to bear on members of the house. Corwin, the chairman of

the committee of thirty-three, corresponded with Lincoln.

In January he wrote Lincoln describing political conditions in

the capital, indicating in the letter that he had been requested

to do so by Leonard Swett, Lincoln's close political friend.

Corwin told Lincoln he had been serving on the committee

for a month and if the states were no more harmonious than

the members of the committee, then "we must dissolve & a

long & bloody civil war must follow. Southern men are

theoretically crazy," he continued. "Extreme Northern men

are practical fools . . . quite as mad as the former, Treason

is in the air around us everywhere. It goes by the name of

patriotism."37 More specifically, Henry Adams wrote that

Lincoln had "exercised a strong influence on this committee

[of thirty-three] and always right."38 Two days later he

wrote that "the President elect has signified too in more ways

than one, what the committee had better do and what leave

undone."39

One of the first written indications of Lincoln's attitude

toward compromise in congress came in a letter to Lyman

36 David M. Potter, Lincoln and His Party in the Secession Crisis (New Haven,

Conn., 1942), 176.

37 Thomas Corwin to Lincoln, January 18, 1861, in David C. Mearns, The Lin-

coln Papers (New York, 1948), II, 406.

38 Henry Adams to Charles Francis Adams, Jr., December 20, 1860, in Ford,

Letters of Henry Adams, 68-69.

39 Henry Adams to Charles Francis Adams, Jr., December 22, 1860, ibid., 69.



THE CORWIN AMENDMENT 11

THE CORWIN AMENDMENT                   11

Trumbull. Trumbull had written Lincoln that Seward was

denouncing compromise in regard to the North paying for

runaway slaves. He then indicated surprise that the house

"voted to raise a committee on the State of the Union,"

because to conciliate would be to repudiate Republican prin-

ciples on slavery.40 Lincoln's reply to Senator Trumbull was

that there should be "no compromise on the question of ex-

tending slavery. If there be, all our labor is lost, and, ere long,

must be done again."41 The next day he answered a letter

from  William Kellogg of Illinois, a member of the committee

of thirty-three, who asked advice concerning Lincoln's views.

Lincoln told Kellogg to "entertain no proposition for a com-

promise in regard to the extension of slavery."42 He also

answered E. B. Washburne, congressman from Illinois, after

a request for counsel along the same line, telling him not to

compromise on extension of slavery.43 Even as late as Feb-

ruary 1861 he wrote Seward that on the question of extending

slavery he was "inflexible."44

It will be noted that in all these letters referring to his

policies, Lincoln was most vitally concerned with preventing

extension of slavery.45 In regard to the domestic institutions

of a state, Lincoln was not so inflexible. In the above-quoted

letter to Seward he also said, "As to fugitive slaves, District

of Columbia, slave-trade among the slave States, and what-

ever springs of necessity from the fact that the institution

 

40 Lyman Trumbull to Lincoln, December 4, 1860, in Mearns, The Lincoln

Papers, I, 326.

41 Lincoln to Trumbull, December 10, 1860, in Roy P. Basler, ed., The Collected

Works of Abraham Lincoln (New Brunswick, N. J., 1953), IV, 149.

42 Lincoln to William Kellogg, December 11, 1860, in John G. Nicolay and John

Hay, eds., Abraham Lincoln; Complete Works (New York, 1902), I, 657.

43 Lincoln to E. B. Washburne, December 13, 1860, ibid., 658.

44 Lincoln to Seward, February 1, 1861, ibid., 668-669.

45 Professor Richard Hofstadter has developed the theme that Lincoln felt that

slavery was becoming nation-wide and that he consequently stressed the principle

of opposition to extension of slavery. This doctrine was to arrest the trend and

at the same time unite as nearly as possible the two opposing views in the North of

antislavery and "Negrophobia." Hofstadter points out that his "house divided"

speech supports this idea, because of the rhetorical question, "Have we no ten-

dency to the latter condition?" in reference to the point that the nation would soon

be all free or all slave. Richard Hofstadter, The American Political Tradition

(New York, 1957), 110-120.



12 THE OHIO HISTORICAL QUARTERLY

12    THE OHIO HISTORICAL QUARTERLY

is amongst us, I care but little, so that what is done be comely,

and not altogether outrageous." Prior to this he had written

General Duff Green that he desired no constitutional amend-

ment, though he would not withhold the opportunity of the

people expressing their will in regard to one. He then went

on in this letter to reiterate plank four of the Chicago plat-

form, reaffirming the right of a state to exclusive control of

its domestic institutions.46

The background and introduction of Seward's proposals

to the committee of thirteen is rather involved. It will be

worth while to chronicle these events in some detail. Thurlow

Weed and William H. Seward were the two outstanding Re-

publicans in New York at this time. New York had worked

hard for Lincoln in the previous November election even

though the Republicans in that state were disappointed that

Seward had not received the nomination. For this, and other

reasons, Lincoln decided to name Seward as his secretary of

state. Soon after this decision Weed was invited to Spring-

field to confer with Lincoln. The invitation was extended by

Leonard Swett and David Davis, the two men, according to

Weed, who had contributed most to the fact that Lincoln

was nominated.47 Their letter stated that Lincoln wanted him

to "come immediately."48 Seward wrote Lincoln that Weed

was on his way west and he, Seward, would await Weed's

return to New York.49

The Tribune reported that Weed made his visit December

20 and was "closeted with Lincoln from 9 o'clock until 3."50

During the conference Lincoln read the latest issue of Weed's

paper, the Albany Evening Journal, which contained an edi-

torial "which had for its object the holding of the border

 

46 Lincoln to Duff Green, December 28, 1860, in Nicolay and Hay, Complete

Works, I, 661-662.

47 Weed and Barnes, Life of Thurlow Weed, I, 602.

48 Leonard Swett and David Davis to Weed, December 10, 1860, ibid., II, 302.

49 Seward to Lincoln, December 16, 1860, in Seward, William H. Seward, II,

482.

50 New York Tribune, December 21, 1860. Weed and Barnes, in Life of Thur-

low Weed, I, 611, say he spent two days in Springfield, but Lincoln in his letter

to Trumbull says Weed was there one day. See below, note 53.



THE CORWIN AMENDMENT 13

THE CORWIN AMENDMENT               13

slave states in the Union," and which decried the "radical

abolitionist" activities.51 Lincoln observed that the ideas

"opened up a new channel for his thoughts," and "after this

subject had been talked up, and over, and out," they discussed

a cabinet.52 When Weed left Springfield he carried instruc-

tions for Seward in regard to congressional compromise.

Lincoln told Trumbull of the visit in a letter the next day,

saying he gave Weed "three short resolutions" that he had

drawn up, "which, or the substance of which," he thought

"would do much good, if introduced, and unanamously [sic]

supported by our friends."53 This memorandum was sup-

posedly lost until Frederic Bancroft discovered a sheet among

Seward's manuscripts with three resolutions in Lincoln's

handwriting. The sheet contained only the following:

 

Resolved:

That the fugitive slave clause of the Constitution ought to be

enforced by a law of Congress, with efficient provisions for that object,

not obligating private persons to assist in its execution, but punishing

all who resist it, and with the usual safeguards to liberty, securing free

men against being surrendered as slaves ....

That all state laws, if there be such, really, or apparently, in conflict

with such law of Congress, ought to be repealed; and no opposition to

the execution of such law of Congress ought to be made ....

That the Federal Union must be preserved.54

Because of the content and Lincoln's letter to Trumbull, Ban-

croft decided this was the lost memorandum.

The Republican leaders in the senate, aware of Weed's

visit and knowing that when Seward spoke he would speak

for Lincoln, carried on in the committee of thirteen until

Seward arrived. On Saturday, December 22, the committee

had turned down Crittenden's compromise. On Monday, De-

cember 24, Seward arrived in Washington and attended his

 

51 Weed and Barnes, Life of Thurlow Weed, I, 603.

52 Ibid., 605.

53 Lincoln to Trumbull, December 21, 1860, in Basler, Collected Works, IV, 158.

54 Frederic Bancroft, The Life of William H. Seward (New York, 1900),

II, 10.



14 THE OHIO HISTORICAL QUARTERLY

14    THE OHIO HISTORICAL QUARTERLY

first meeting in the committee. He asked, and permission was

granted, to record his vote on the previous Saturday's action.

He cast his vote, as all the Republicans had, against the Crit-

tenden plan.55 He then introduced three resolutions to the

committee. They were:

1st. No amendment shall be made to the Constitution which will

authorize or give to Congress the power to abolish, or interfere within

any State, with the domestic institutions thereof, including that of

persons held to labor or service by the laws of said State.

2d. The fugitive slave act shall be so amended as to give the alleged

fugitive a jury trial.

3d. The legislatures of the several States shall be respectfully re-

quested to review all their legislation affecting the rights of persons

recently resident in other States, and to repeal or modify all such acts

as may contravene the provisions of the Constitution of the United

States, or any laws made in the pursuance thereof.56

 

There is enough difference between these resolutions and

Bancroft's memorandum to indicate that Seward did not fol-

low Lincoln's written proposals.

Seward then wrote Lincoln explaining what he had done.

He said he had only had time to confer briefly with Weed and

get to Washington on Monday (December 24). This confer-

ence took place on a train trip from Syracuse to Albany.

Seward wrote:

He gave me, verbally, the substance of the suggestion you prepared

for the consideration of the Republican members; but not the written

proposition. This morning [December 26] I received the latter from

him; and also information for the first time, of your expectation that

I would write you concerning the temper of parties and the public here.

I met on Monday, my Republican associates of the Committee of

Thirteen, and afterward, the whole committee. With the unanimous

consent of our section, I offered three propositions which seemed to me

to cover the ground of the suggestion made by you, through Mr. Weed,

as I understand it....

This evening, the Republican members of the committee, with Judge

Trumbull and Mr. Fessenden, met at my house, to consider your written

 

55 Committee of Thirteen, 8.

56 Ibid., 11.



THE CORWIN AMENDMENT 15

THE CORWIN AMENDMENT              15

 

suggestion and determine whether it shall be offered. While we think

that the ground has already been covered, we find that, in the form you

give it, it would divide our friends, not only in the committee, but in

Congress, a portion being unwilling to give up their old opinion, that

the duty of executing constitutional provisions, concerning fugitives

from service, belongs to the States, and not at all to Congress. But we

shall confer, and act as wisely as we can.57

This letter would indicate that the resolutions presented to

the committee of thirteen were from the verbal instructions

Lincoln gave Weed in their talk and that they were of similar

intent but different in composition from his written instruc-

tions.

The only provisions of Lincoln's contained in Seward's

proposals were the repeal of personal liberty laws and a jury

trial for fugitive slaves. The first proposal, which was to

become the Corwin amendment, was not even mentioned in

Lincoln's memorandum. The two sets of resolutions have led

to conflict in interpretation of the event. Professor Potter,

in his work on this period, suggests two alternatives. He con-

cludes that either Seward was ready to "deviate from Lin-

coln's program" or that Weed did not inform Seward cor-

rectly of Lincoln's wishes.58 A third solution is offered by

George Fort Milton in his book The Eve of Conflict. Milton

states that Lincoln proposed an amendment guaranteeing

slavery in the states. He says that the suggestion came from

Lincoln and cites Seward's letter but with no further explana-

tion or analysis, a supposition that Potter rejects.59

Although the evidence is circumstantial, there is a strong

possibility that Milton's assumption is correct. Seward indi-

cates in his letter to Lincoln that he introduced his proposals

on the basis of Weed's oral instructions and did so solely on

these grounds, believing they covered Lincoln's idea. Then

two days later he received the written instructions and, after

 

57 Seward to Lincoln, December 26, 1860, in Seward, William H. Seward, II,

484-485.

58 Potter, Lincoln and His Party, 175.

59 Ibid. For Milton's statement, see George Fort Milton, The Eve of Conflict

(New York, 1934), 527.



16 THE OHIO HISTORICAL QUARTERLY

16   THE OHIO HISTORICAL QUARTERLY

consultation with other Republicans, decided that Lincoln's

written suggestion would alienate some states-rights Republi-

cans. It is not known what Weed told Seward, but it is

known, as indicated above, that Weed and Lincoln discussed

methods of holding the border states in the Union--which

this amendment would help do. Seward said he introduced

his resolutions in accordance with Lincoln's idea; in his

words, "as I understand it." Since Lincoln's memorandum

and Seward's resolutions are so different, it is obvious that

either Seward deliberately misunderstood Lincoln or that

Weed passed on to Seward, orally, a different proposition.

The latter seems more likely, as Seward uses the present

tense "understand" while he has the memorandum with him,

suggesting there were two and they were different.

Another factor in favor of the latter is, as Seward says in

his letter, that on the same evening he was writing, he had

met with other Republicans and they had discussed and re-

jected Lincoln's written proposal. All of the Republicans on

the committee had voted for the amendment guaranteeing

slavery, knowing that Seward was speaking for Lincoln.60

When they saw the memorandum two days later, they could

easily have seen the difference in the two, and Seward could

have explained this only by informing them of the exact na-

ture of the oral instructions. Since the two conflict, the party

leaders would not have decided to disregard Lincoln's memo-

randum unless they were convinced Lincoln favored the

amendment as well.

Also, the nature of the amendment itself was a guarantee

that Lincoln would be willing to give. While Seward, becom-

ing more conservative and willing to compromise, easily could

have originated this amendment, it is more in line with Lin-

coln's theories. Seward was antislavery in his "irrepressible

conflict" and "higher law" theories, while Lincoln had repu-

diated this "higher law" doctrine.61 It was largely because

 

60 Committee of Thirteen, 11.

61 William H. Herndon and Jesse William Weik, Herndon's Lincoln: The Story

of a Great Life (Springfield, III., 1921), III, 462.



THE CORWIN AMENDMENT 17

THE CORWIN AMENDMENT            17

Lincoln was considered more conservative than Seward on

the slavery question that he received the Republican nomina-

tion in 1860.62 Lincoln was anti-expansion, and, in regard

to slave property, his position would be to enforce the consti-

tution as indicated by his letter to General Green of December

28. That he had this very point of slave property on his mind

is shown by a letter to Alexander Stephens. Just two days

after Weed's visit to Springfield, Lincoln assured Stephens

that the South had no cause to fear that a Republican adminis-

tration would "directly or indirectly interfere with their

slaves, or with them about their slaves."63

Finally, Lincoln consistently approved the Corwin amend-

ment throughout its course in congress. Whether or not he

originated the idea, his endorsement carried much weight in

getting Republican approval in congress.

Seward's proposal was approved by the committee of

thirteen, and it was the only one endorsed in committee meet-

ings. But when Chairman Powell made the final report to

the senate, he had to acknowledge that the committee could

not "agree upon any general plan of adjustment," and the

amendment was not recommended.64 The scene must now

shift to the house of representatives, where the amendment

was introduced and carried to fruition.

Charles Francis Adams first introduced the amendment in

the committee of thirty-three. Adams' action in congress dur-

ing this session was characterized by Fabian tactics. He had

been appointed to the committee as the representative from

Massachusetts. His conduct on the committee was diagnosed

by his son Henry as "doing his best to do nothing."65 This is

true only in a figurative sense. Adams was antislavery but,

like other moderate Republicans, willing to compromise for a

 

62 Hofstadter, American Political Tradition, 114n. See also Reinhard H. Luthin,

The First Lincoln Campaign (Cambridge, Mass., 1944), Chap. IX.

63 Lincoln to Alexander Stephens, December 22, 1860, in Basler, Collected

Works, IV, 160.

64 Committee of Thirteen, 1.

65 Henry Adams to Charles Francis Adams, Jr., December 18, 1860, in Ford,

Letters of Henry Adams, 67.



18 THE OHIO HISTORICAL QUARTERLY

18    THE OHIO HISTORICAL QUARTERLY

purpose. The motive behind his actions, if Charles Francis

Adams, Jr., analyzed them correctly, was to hold the border

states in the Union without compromising basic Republican

principles. Charles Francis, Jr., said his father "hoped to the

last to hold the border states," and if war could be avoided,

the gulf states would then "find their position untenable, and

so be forced ignominiously back into the Union."66 After con-

gress adjourned a member of his family tried to console

Adams over the failure of his various measures, but was

cheerfully informed that they had served their purpose of

having "occupied time which might otherwise have been dan-

gerously employed."67

The committee of thirty-three began meeting December 11,

1860. The first several days were taken up with considering

various proposals made on the floor of the house. On Decem-

ber 28, four days after Seward introduced his proposals to

the committee of thirteen, Adams submitted to the committee

of thirty-three the following:

 

Resolved, That it is expedient to propose an amendment to the Con-

stitution of the United States providing that no amendment having for

its object any interference within the States with the relation between

their citizens and those described in the second section of the first

article of the Constitution as "all other persons" shall originate with any

state that does not recognize that relation within its own limits, or shall

be valid without the assent of every one of the States composing the

Union.

The committee approved it by the vote of twenty-one to

three.68 The Tribune reported the committee that day as

"trying very hard to report a series of propositions that will

suit the claims of the border slave states" and said "it appears

as if they may do it."69 This amendment should have satisfied

the deepest fears of the South. It would have meant that

slavery could never have been destroyed unless every one of

 

66 Charles Francis Adams, Jr., Charles Francis Adams (New York, 1900), 131.

67 Ibid., 132-133.

68 Committee of Thirty-Three, journal, 19.

69 New York Tribune, December 29, 1860.



THE CORWIN AMENDMENT 19

THE CORWIN AMENDMENT           19

the slave states wished it, and for all practical purposes would

have made slavery a perpetually binding part of the constitu-

tion, similar to the clause on representation in the senate.

Henry Adams mentioned in his letters that Seward was a

frequent visitor at the Adams house during this winter. This,

plus the fact that the idea, if not the wording, was very similar

to Seward's proposal, leaves no doubt that Adams' amend-

ment came from Seward. Also, on the final committee vote,

Adams voted against his own measure, indicating that he did

not promote the amendment through personal conviction.

A special committee had been set up within the committee

to prepare bills to carry out all adopted resolutions. This

subcommittee drew up Adams' amendment as a joint resolu-

tion of congress recommending a constitutional amendment to

read as Adams originally proposed it. The committee vote of

approval, January 11, 1861, was twenty to five, with Adams

joining the opposition.70 Adams defended this reversal by

saying he had come to the conclusion that no adjustment short

of a constitutional obligation "to protect and extend slavery"

would satisfy the "recusant" states.71

The committee of thirty-three, unlike the committee of

thirteen, was able to return a majority report to the house,

though the committee was so badly split it also sent several

minority reports. The Corwin amendment was one of the

proposals recommended in the majority report. The southern

minority report approved the amendment but complained that

it was not enough "standing alone."72 A radical northern

minority refused to support it, because it would be rejected

anyway, they said, as a "humiliating requirement" for the

North to "enter into bonds for their good behavior."73 Cor-

win, in submitting the majority report, alluded to the "secret"

design that the South charged against Republicans, that of

desiring to abolish slavery, giving this as the reason for pro-

posing the amendment. "Notwithstanding the preposterous

70 Committee of Thirty-Three, journal, 35.

71 Ibid., minority report of Charles Francis Adams, 3.

72 Ibid., minority report of Taylor, Phelps, Rust, Whiteley, and Winslow, 16.

73 Ibid., minority report of C. C. Washburne and Mason W. Tappan, 6.



20 THE OHIO HISTORICAL QUARTERLY

20   THE OHIO HISTORICAL QUARTERLY

character of this idea," he said, "the committee have deemed

the belief in it, in some portions of the South, sufficiently

important to demand a notice at this time."74 Since Adams

had abandoned the proposal, and Corwin assumed sponsorship

as chairman of the committee, it became known as the Corwin

amendment.

Corwin made a lengthy speech on January 21, 1861, in

introducing the amendment on the floor of the house of rep-

resentatives. He gave some of the reasons for the necessity

of the amendment, and, in doing so, hit upon one of the key

fears behind southern secession. Corwin pointed out the

southern dread that the Republican party would soon be con-

trolled by abolitionists. Their ultimate aim, said the South,

was to gain control of the national government and "overleap

all constitutional impediments" to destroy slavery in the states

by amendment. Corwin logically called attention to the fact

that there were only eighteen free states and fifteen slave

states and this Republican "scheme" would necessitate thirty

free states to propose such an amendment and forty-five to

ratify. He said this would probably never happen and if it

did it would be in the distant future. But he felt it was neces-

sary to allay this southern trepidation, which his proposed

amendment would accomplish.75

When Corwin submitted the report to the house, he made

the motion, which carried, that it be made the special order

one week from that day "and from day to day until disposed

of."76 The amendment was debated for five weeks, during

which many of the representatives took advantage of their

opportunity to express an opinion on it. All of the southern

men who spoke favored it. Robert Hatton of Tennessee was

glad "this source of apprehension and irritation" would be

"put forever at rest."77 John Gilmer of North Carolina

echoed this sentiment, saying that if it were passed he would

 

74 Ibid., majority report, 4.

75 Congressional Globe, 36 cong., 2 sess., Appendix, 74.

76 Congressional Globe, 36 cong., 2 sess., 378.

77 Congressional Globe, 36 cong., 2 sess., Appendix, 171.



THE CORWIN AMENDMENT 21

THE CORWIN AMENDMENT             21

tell his people "that they should stay in the Union."78 A

northerner, Albert Porter of Indiana, approved of it because,

like the ninth and eleventh amendments, it would not alter the

constitution but would prevent "misconstruction of existing

provisions."79

Most of the opposition came from the antislavery men.

This antagonism ranged from the mild, who opposed it be-

cause the constitution already contained the guarantee, to the

more radical, like Charles Sedgwick of New York, who said

he would rather lose his right arm than approve it.80 Others,

like John Bingham of Ohio, disapproved of it because it would

make any future amendment on the subject practically im-

possible.81 This seemed to be the strongest charge against it.

Samuel Blair of Pennsylvania opposed it because he felt it

would fail to receive approval of three-fourths of the states

and this would "provoke an agitation on the subject" that

would "cast into the shade all that has gone before it."82 But

in general the moderates, who were in the majority in the

Republican party, pressed for its passage because it would

help satisfy the South and "counteract" disunionist activi-

ties.83

Corwin tried to close debate several times and bring the

measure to a vote. Time was an important factor, as the

congressional session would soon end. On February 4, 1861,

the gulf states had met at Montgomery, Alabama, to form the

Confederate government. This carried secession to its final

stage, and yet congress had approved no compromise meas-

ures. The Crittenden plan had been rejected in the senate

committee, but its supporters were still trying hard on both

floors of congress to secure its passage. The Washington

Peace Convention, from which so much had been expected,

 

78 Congressional Globe, 36 cong., 2 sess., 581.

79 Ibid., 1041-1042.

80 Ibid., 796.

81 Congressional Globe, 36 cong., 2 sess., Appendix, 82.

82 Ibid., 254.

83 Henry Adams, "The Great Secession Winter of 1860-61," Proceedings of the

Massachusetts Historical Society, XLIII (1909-10), 681.



22 THE OHIO HISTORICAL QUARTERLY

22    THE OHIO HISTORICAL QUARTERLY

was bogging down in debate. The Republicans refused to

compromise on extension of slavery, so the Corwin amend-

ment was practically the only conciliatory measure which held

a promise of success. But Corwin had to postpone closing

debate several times because "many gentlemen" desired "to

speak on the subject."84

In the last week of February, Corwin again sought to close

debate, and the opposition continued its delaying tactics. On

February 26 Galusha Grow of Pennsylvania moved to post-

pone closure for one day, and Bingham of Ohio amended his

motion to read four days. The session would end March 4,

and if it passed the house, the amendment would still have to

be considered in the senate before adjournment. Supporters

of the amendment pointed out that the opposition was trying

in this way to defeat it. A turning point was reached on Feb-

ruary 26, when Corwin proposed a substitute for the original

amendment. Corwin said he had consulted with the "majority

of the committee who are friendly to this joint resolution"

and, as chairman of the committee, asked that the following

measure be substituted:

 

No amendment shall ever be made to the Constitution which will

authorize or give to Congress power to abolish or interfere, within any

State, with the domestic institutions thereof, including that of persons

held to labor or service by the laws of said State.85

Evidently the moderates decided that the wording in the orig-

inal was too definitive and permanent to secure the necessary

votes for passage and this milder measure would have a better

chance. The substitute was exactly that proposed by Seward

in the senate, with the addition of the word "ever," and is the

form that was finally approved.

On February 27 the previous question was called for, and

a roll call vote on the amendment was taken. One hundred

and twenty-nine votes were required for the necessary two-

thirds majority, and the amendment failed on this first try

 

84 Congressional Globe, 36 cong., 2 sess., 794.

85 Ibid., 1236.



THE CORWIN AMENDMENT 23

THE CORWIN AMENDMENT          23

by a vote of one hundred and twenty-three to seventy-one.

Seventy of the opposing votes came from Republicans, the

other one being Hickman of Pennsylvania, an Anti-Lecomp-

ton Democrat.86

The next day David Kilgore of Indiana, who had voted

against the amendment, moved to reconsider the vote. Kilgore

said that Republican policy was non-interference with slavery

in the states and on the previous day's voting they seemed to

have forgotten this, being "carried away by wild fanaticism,

and forgetting the condition of the country."87 Benjamin

Stanton of Ohio repeated this plea, pointing out that the seven

cotton states had seceded. "Now, in this state of things," he

continued, "if the remaining seven slaveholding states remain

in this Confederacy, they are entitled to additional guaran-

tees." "Renewed" demonstrations of applause followed this

speech.88 The motion to reconsider passed, one hundred and

twenty-eight to sixty-five. A new vote on the passage of the

joint resolution was taken, and this time the necessary two-

thirds majority was obtained by the vote of one hundred and

thirty-three to sixty-five. The house reporter recorded that

this announcement "was received with loud and prolonged

applause, both on the floor and in the galleries."89

The resolution was sent to the senate with three days left,

the session ending at noon March 4. Douglas assumed leader-

ship in trying to rush it through in time. On March 1 he

asked that it be made special order along with the Crittenden

plan, and it was given the first and second reading the same

day.90 The next day Senator Charles Sumner attempted delay

by asking that the previous day's journal be corrected. Sum-

ner maintained that he had objected to the second reading the

same day, a violation of rule 26, and he had thought the chair

heard his objection. Three other senators said they had heard

him, so a vote was taken to correct the journal and it carried,

 

86 Ibid., 1264.

87 Ibid., 1283.

88 Ibid., 1284.

89 Ibid., 1285.

90 Ibid., 1305.



24 THE OHIO HISTORICAL QUARTERLY

24    THE OHIO HISTORICAL QUARTERLY

twenty-four to seventeen.91 This meant a delay of one day

for the second reading. Senator William Bigler made a mo-

tion to suspend rule 26 for this resolution, and the motion

carried, twenty to sixteen, thus removing Sumner's block.

The resolution was debated so heatedly that a vote was

impossible that day. Even though March 3 fell on a Sunday,

the senate reassembled that evening at seven o'clock. A large

crowd filled the galleries and many even stood in the aisles

and doorways. They became so noisy and disorderly that little

could be heard on the senate floor. Douglas tried to get the

galleries cleared, saying that many in the mob were political

friends of those senators attempting to block the Corwin

amendment.92 After repeated efforts the galleries were cleared

and debate resumed. Late that night the senate voted, and

by the exact two-thirds necessary, the amendment was ap-

proved twenty-four to twelve, all of the opposing senators

being Republican.93

Even in the final stages in congress Lincoln exerted pres-

sure for its passage. When the amendment passed in the

house and was sent to the senate, the New York Tribune re-

ported that Lincoln had "advised the Republicans of his state"

to support it.94 After it barely passed the senate, the Tribune

noted the opposition of the Republican senators, commenting

that it was known that "Mr. Lincoln favored its passage,

though the Republicans were about equally divided."95 Henry

Adams admitted it took "some careful manipulation, as well

as the direct influence of the new President" before it could

get congressional approval.96 Lincoln gave the amendment a

final stamp of approval the day after its passage in his

inaugural address when he said:

I understand a proposed amendment to the Constitution-which

amendment, however, I have not seen-has passed Congress, to the

91 Ibid., 1338-1340.

92 Ibid., 1375.

93 Ibid., 1403.

94 New York Tribune, March 2, 1861.

95 Ibid., March 5, 1861.

96 Henry Adams, "The Great Secession Winter," 683.



THE CORWIN AMENDMENT 25

THE CORWIN AMENDMENT               25

 

effect that the Federal Government shall never interfere with the

domestic institutions of the States, including that of persons held

to service. To avoid misconstruction of what I have said, I depart from

my purpose not to speak of any particular amendments so far as to say

that, holding such a provision to now be implied constitutional law, I

have no objection to its being made express and irrevocable.97

The opening of hostilities interrupted state proceedings on

the amendment, although three states took affirmative action.

The Ohio legislature ratified it May 13, 1861, and the Mary-

land legislature approved it as late as January 10, 1862. On

February 14, 1862, Illinois endorsed the Corwin amendment

by state convention, but since the joint resolution specified

state legislatures, this ratification was not valid. Only one

other proposed amendment between the twelfth and thirteenth

amendments came as close to becoming a part of the constitu-

tion.98

An evaluation of the Corwin amendment is difficult in light

of the fact that civil war broke out regardless of compromise

attempts, thus rendering its purpose void. Disregarding the

war, it is difficult to see what the outcome would have been

had the amendment become a part of the constitution, since

our thinking is so attuned to the thirteenth amendment,

which brought about the opposite effect of the Corwin amend-

ment. But an evaluation can be made in terms of the seces-

sion crisis.

Even after the gulf states took definite action to secede, the

general attitude of the North was to let them go peacefully

or to wait for further developments. The South had been

threatening and bluffing in this regard for so many years

that it took time for many northerners to realize they were

actually out of the Union and not merely using this as a

weapon to achieve their ends. Fortunately, some of the poli-

tical leaders in this crisis realized the immediate, if not the

 

97 Abraham Lincoln, "Inaugural Address, March 4, 1861," in Commager, Docu-

ments in American History, I, 388.

98 Herman V. Ames, "The Proposed Amendments to the Constitution of the

United States During the First Century of Its History," Annual Report of the

American Historical Association (Washington, 1896), II, 22-23.



26 THE OHIO HISTORICAL QUARTERLY

26   THE OHIO HISTORICAL QUARTERLY

long-range, results and tried to take steps to quarantine the

fever. If the South set up an independent nation, and espe-

cially if war broke out, the North would want, and need,

as many of the border states as possible. They would have

to have the slave area surrounding the national capital, unless

they wished to see the Confederacy establish itself in the

capitol.

The border states, in general, had a loyal majority, as

shown by the elections and meetings held in those states before

April 1861 to decide on secession. But disunion activity was

strong in all the slave states, and the North had to counteract

this by offering more than the seceders could. One of the

desired things they could offer was a guarantee not to inter-

fere with slave property. This was the principal contribution

of the Corwin amendment. As Henry Adams contended, this

was but "one weak link in the chain by which the border

states were to be held";99 but the secessionists offered little

more, and they were passing laws prohibiting the importation

of slaves from the upper South.

Lincoln and the more tolerant Republicans were clever

enough to realize that their alleged ultimate objective, the

complete destruction of slavery, made a strong propaganda

weapon for disunionism. Since their party had been founded,

and Lincoln elected, on the basic principle of non-extension

of slavery, they could easily extend to the slave states a guar-

antee of their property without violating Republican prin-

ciples. It was the more radical who, ignoring the stated

principles of the party, refused to acknowledge what the

constitution already contained. In a sense, it is surprising

that there were enough moderate Republicans in this congress

to help the Democrats pass the Corwin amendment, Demo-

cratic ranks being thinned as they were by the secession of

the lower South. Luckily, the moderates persevered, and in

doing so, gained precious time for the Union. This time-

saving element was another major contribution of Corwin's

amendment.

 

99 Henry Adams, "The Great Secession Winter," 683.