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view this matter as a practical war measure, to be decided on according to the advantages or disadvantages it may offer to the suppression of the rebellion.

this fact, that I was not to be put upon the stand as a witness. I have made a statement as of a fict within my own knowledge, and history will confirm the statement. The committee replied to these remarks, and not wish to answer the question or to state the fact, I will Mr. MALLORY. If the gentleman from Massachusetts does the President responded:

I admit that slavery is at the root of the rebellion, or at least its sine qua non. The ambition of politicians may have instigated them to act, but they would have been impotent without slavery as their instrument. I will also concede that emancipation would help us in Europe, and convince them that we are incited by something more than ambition. I grant, further, that it would help somewhat at the North, though not so much, I fear, as you and those you represent imagine. Still, some additional strength would be added in that way to the war, and then, unquestionably, it would weaken the rebels by drawing off their laborers, which is of great importance; but I am not so sure we could do much with the blacks. If we were to arm them, I fear that in a few weeks the arms would be in the hands of the rebels; and, indeed, thus far, we have not had arms enough to equip our white troops. I will mention another thing, though it meet only your scorn and contempt. There are 50,000 bayonets in the Union Army from the border slave States. It would be a serious matter if, in consequence of a proclamation such as you desire, they should go over to the rebels. I do not think they all would-not so many, indeed, as a year ago, or as six months ago-not so many today as yesterday. Every day increases their Union feeling. They are also getting their pride enlisted, and want to beat the rebels. Let me say one thing more: I think you shonld admit that we already have an important principle to rally and unite the people, in the fact that constitutional government is at stake. This is a fundamental idea going down about as deep as anything.

After further remarks from the committee, the President said:

Do not misunderstand me because I have mentioned these objections. They indicate the citficulties that have thus far prevented my action in some such way as you desire. I have not decided against a proclamation of liberty to the slaves, but hold the matter under advisement. And I can

assure you that the subject is on my mind, by day and night, more than any other. Whatever shall appear to be God's will I will do. I trust that in the freedom with which

I have canvassed your views I have not in any respect injured your feelings.


not insist.


Adopted at a meeting of Governors of loyal States, held to take measures for the more active support of the Government, at Altoona, Pennsylvania, on the 22d day of September, 1862.

After nearly one year and a half spent in contest with an armed and gigantic rebellion against the national Government of the United States, the duty and purpose of the loyal States and people continue, and must always remia as they were at its origin-namely, to restore and perpetuate the authority of this Government and the life of the nation. No matter what consequences are involved in our fidelity, this work of restoring the Republic, preserving the institutions of democratic liberty, and justifying the hopes and toils of our fathers shall not fail to be performed. And we pledge without hesitation, to the President of the United States, the most loyal and cordial support, here ifter as heretofore, in the exercise of the functions of his great chice. We recognize in him the Chief Executive Magistrate of the nation, the Commander-in-Chief of the Army and Navy of the United States, their responsible and constitutional head, Whose rightful authority and power, as well as the constitutional powers of Congress, must be rigorously and religiously guarded and preserved, as the condition on which alone our form of Government and the constitutional rights and liberties of the people themselves can be saved from the wreck of anareny or from the gulf of despotism.

In submission to the laws which may have been or which may be duly enacted, and to the lawful orders of the President, co-operating always in our own spheres with the national Government, we mean to continue in the most vigorous exercise of all our lawiul and proper powers, contending against treason, rebellion, and the public enemies, and, whether in public life or in private station, support ing the arms of the Union, until its cause shall conquer, until final victory shall perch upon its standard, or the rebel foe shall yield a dutiful, rightful, and unconditional


And, impressed with the conviction that an army of reserve ought, until the war shall end, to be constantly

kept on foot, to be raised, armed, equipped, and trained at

home, and ready for emergencies, we respectfully ask the President to call for such a force of volunteers for one year's service, of not less than one hundred thousand in the aggregate, the quota of each State to be raised after it shall have filled its quota of the requisitions already made, bota for volunteers and militia. We believe that this would be a measure of military prudence, while it would greatly promote the military education of the people.

First Session, Thirty-Eighth Congress. 1864, June 25-Mr. BOUTWELL, of Massachusetts: The gentleman from Kentucky [Mr. Mallory] said this morning that the whole policy of the country was changed by the proclamation of the President, and he attributed that proclamation to the meeting of the Governors of certain States We hail with heartfelt gratitude and encouraged hope the at Altoona. I am not here to be put upon the witness proclamation of the President, issued on the 22d instant, stand, but it so happens that I have the means of knowing declaring emancipated from their bondage all persons held that the proclaination of September, 1862, was entirely in- to service or labor as slaves in the rebel States, whose redependent of and antecedent to the meeting of the Gover-bellion shall last until the first day of January now next nors at Altoona. The meeting of the Governors had no ensuing. The right of any person to retain authority to connection with the proclamation. The gentleman from compel any portion of the subjects of the national GovernKentucky should remember that prior to the issuing of that ment to rebel against it, or to maintain its enemies, implies proclamation we had met with but few successes, and that in those who are allowed possession of such authority the we had endured many, many reverses. Lee had battled for right to rebel themselves; and therefore the right to estab four days under the fortifications of the capital, and had lish martial law or military government in a State or Terfinally crossed the Potomac into Maryland. It was not ritory in rebellion implies the right and the duty of the Govuntil the country put itself on the side of justice that it had ernment to liberate the minds of all men living therein by a right to expect the favor of Divine Providence, or any of appropriate proclamations and assurances of protection, in those successes which have rendered this war glorious in order that all who are capable, intellectually and morally, the cause of freedom, truth, and justice. of loyalty and obedience, inay not be forced into treason as the unwilling tools of rebellious traitors. To have continued indefinitely the most efficient cause, support, and stay of the rebellion, would have been, in our judgment, unjust to the loyal people whose treasure and lives are made a willing sacrifice on the altar of patriotism-would have discriminated against the wife who is compelled to surren der her husband, against the parent who is to surrender lis child to the hardships of the camp and the perils of lattle, in favor of rebel masters permitted to retain their slaves. It would have been a final decision alike against humanity, justice, the rights and dignity of the Government, and against sound and wise national policy. The decision of the President to strike at the root of the rebellion will lend new vigor to the efforts and new life and hope to the hearts of the people. Cordially tendering to the President our respectful assurances of personal and official confidence, we trust and believe that the policy now inaugurated will be crowned with success, will give speedy and triumphant victories over our enemies, and secure to this nation and this people the blessing and favor of Almighty God. We believe that the blood of the heroes who have already fallen, and

Mr. MALLORY. Will the gentleman state when that convention of Governors assembled at Altoona?

Mr. BOUTWELL. I think it assembled at Altoona previous to the 22d of September, but I assert as within my own knowledge that the issuing of the proclamation was determined upon previous to the meeting at Altoona.

Mr. MALLORY. Can the gentleman inform me when the issuing of that proclamation was determined upon? Mr. BOUTWELL. I cannot go far in this matter. I assert distinctly the fact which is within my own knowledge that the President, previous to the meeting of the Governors at Altoona, had decided in a certain contingency, which happened upon the Wednesday preceding the 22d of September, to issue the proclamation, and therefore the inference I draw is in contravention of the declaration of the gentleman from Kentucky that that proclamation was the result of the meeting of the Governors at Altoona.

Mr. MALLORY. Will the gentleman tell us the contingency on the happening of which that proclamation was to be issued?

Mr. BOUTWELL. I said, Mr. Speaker, when I mentioned

those who may yet give their lives to their country, will Bet have been shed in vain.

The splendid valor of our soldiers, their patient endurance, their manly patriotism, and their devotion to duty, demand from us and from all their countrymen the homage of the sincerest gratitude and the pledge of our constant reinforcement and support. A just regard for these brave men, whom we have contributed to place in the field, and for the importance of the duties which may lawfully pertain to us hereafter, has called us into friendly conference. And now, presenting to our national Chief Magistrate this conclusion of our deliberations, we devote ourselves to our country's service, and we will surround the President with car constant support, trusting that the fidelity and zeal of the loyal States and people will always assure him that he will be constantly maintained in pursuing with the utmost vigor this war for the preservation of the national life and the hope of humanity.





By D. G. ROSE, his representative,






SENATE CHAMBER, June 5, 1862. MY DEAR SIR: Your criticism of the President is hasty. I am confident that, if you knew him as I do, you would

not make it.

short-comings, think, I pray you, of what has been done in a brief period, and from the past discern the sure promise of the future. Knowing something of my convic tions and of the ardor with which I maintain them, you may, perhaps, derive some assurance from my confidence I may say to you, therefore, stand by the Administration. If need be, help it by word and act, but stand by it and have faith in it.

I wish that you really knew the President, and had heard the artless expression of his convictions on those questions which concern you so deeply. You might, perhaps, wish that he were less cautious, but you would be grateful that he is so true to all that you have at heart. Believe me, therefore, you are wrong, and I regret it the more because of my desire to see all our friends stand firmly together.

If I write strongly it is because I feel strongly; for my constant and intimate intercourse with the President, beginning with the 4th of March, not only binds me peculiarly to his Administration, but gives me a personal as well as a political interest in seeing that justice is done him. Believe me, my dear sir, with much regard, ever faithfully yours, CHARLES SUMNER.

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The Boston Liberator publishes a letter from the late Owen Lovejoy, addressed to William Lloyd Garrison, under the date of Washington, February 22, 1864. In this letter Mr. Lovejoy says:

"I write you, although ill-health compels me to do it by the hand of another, to express to you my gratification at the position you have taken in reference to Mr. Lincoln. I am satisfied, as the old theologians used to say in regard to the world, that if he is not the best conceivable Presi dent, he is the best possible. I have known something of the facts inside during his Administration, and I know that he has been just as radical as any of his Cabinet. And although he does not do everything that you or I would a man who would. It is evident that the great mass of Unionists prefer him for re-election; and it seems to me certain that the providence of God, during another term, will grind slavery to powder. I believe now that the President is up with the average of the House.

Of course, the President cannot be held responsible for the misfeasances of subordinates, unless adopted or at least tolerated by him. And I am sure that nothing unjust or ungenerous will be tolerated, much less adopted, by him. I am happy to let you know that he has no sympathy with Stanly in his absurd wickedness, closing the schools, nor again in his other act of turning our camp into a hunt-like, the question recurs, whether it is likely we can elect ing ground for slaves. He repudiates both-positively. The latter point has occupied much of his thought; and the newspapers have not gone too far in recording his repeated declarations, which I have often heard from his own lips, that slaves finding their way into the national lines are never to be re-enslaved. This is his conviction, expressed without reserve.

"Recurring to the President, there are a great many reports concerning him which seem to be reliable and authentic, which, after all, are not so. It was currently reported among the anti-slavery men of Illinois that the emancipation proclamation was extorted from him by the outward pressure, and particularly by the delegation from the Christian Convention that met at Chicago. Now, the fact is this, as I had it from his own lips: He had written the proclamation in the summer, as early as June, I think-but will not be certain as to the precise time-and called his Cabinet together, and informed them he had written it, and meant to make it, but wanted to read it to them for any criticism or remarks as to its features or details. After having done so, Mr. Seward suggested whether it would not be well for

Could you have seen the President-as it was my privilege often-while he was considering the great questions on which he has already acted-the invitation to emancipation in the States, emancipation in the District of Columbia, and the acknowledgment of the independence of Hayti and Liberia-even your zeal would have been satisfied, for you Would have felt the sincerity of his purpose to do what he could to carry forward the principles of the Declaration of Independence. His wholo soul was occupied, especially by the first proposition, which was peculiarly his own. In familiar intercourse with him, I remember nothing more touching than the earnestness and completeness with which he embraced this idea. To his mind, it was just and benefi-him to withhold its publication until after we had gained cent while it promised the sure end of slavery. Of course, to me who had already proposed a bridge of gold for the retreating fiend, it was most we'come. Proceeding from the President, it must take its place among the great events of history.

If you are disposed to be impatient at any seeming

some substantial advantage in the field, as at that time we had met with many reverses, and it might be considered a cry of despair. He told me he thought the suggestion a wise one, and so held on the proclamation until after the battle of Antietam.

"I mention this as a sample of a great many others."



The act of 1793 was passed by the following ris, Thomas L. Harris, Thomas S. Haymond, Harry Hibbard,



Henry W. Hilliard, Moses Hoagland, Alexander R. Holladay, Isaac E. Holmes, John W. Houston, Volney E. Howard, David Hubbard, Samuel W. Inge, Joseph W. Jackson, Andrew Johnson, James L. Johnson, Robert W. Johnson,

January 18, 1793—Without a call of the yeas George W. Jones, David S. Kaufman, Jolin B. Kerr, Emile

and nays.


LaSère, Shepperd Leffler, Nathaniel S. Littlefield, Job Mann, Humphrey Marshall, John C. Mason, John A. McClernand, Joseph E. McDonald, Edward W. McGaughey, James X.

February 5, 1793-Yeas 48, nays 7, as fol- McLanahan, Finis E. McLean, Fayette McMullen, John lows:

YEAS-Messrs. Fisher Ames, John Baptist Ashe, Abraham Baldwin, Robert Barnwell, Egbert Benson, Elias Boudinot, Shearjashub Bourne, Benjamin Bourne, Abraham Clark, Jonathan Dayton, William Findley, Thomas Fitzsimons, Elbridge Gerry, Nicholas Gilman, Benjamin Goodhue, James Gordon, Christopher Greenup, Andrew Gregg, Samuel Griffin, William Barry Grove, Thomas Hartley, James Hillhouse, William Hindman, Daniel Huger, Israel Jacobs, Philip Key, Aaron Kitchell, Amasa Learned, Richard Bland Lee, George Leonard, Nathaniel Macon, Andrew Moore, Frederick Augustus Muhlenberg, William Vans Murray, Alexander D. Orr, John Page, Cornelius C. Schoonmaker, Theodore Sedgwick, Peter Silvester, Israel Smith, William Smith, John Steele, Thomas Sumpter, Thomas Tudor Tucker, Jeremiah Wadsworth, Alexander White, Hugh Williamson, NAYS-Samuel Livermore, John Francis Mercer, Nathaniel Niles, Josiah Parker, Jonathan Sturges, George Thatcher,

Francis Willis-48.

Thomas Tredwell-7.

GEORGE WASHINGTON, President, approved it February 12, 1793.

The act of 1850 was passed by the following



McQueen, William McWillie, Richard K. Meade, John K. Miller, John S. Millson, Jeremiah Morton, James L. Orr, David Outlaw, Allen F. Owen, Richard Parker, Charles H.

Peaslee, John S. Phelps, Paulus Powell, William A. Richardson, John Robbins, jr., Thomas Ross, John II. Savage, James A. Seddon, Augustine H. Sheppard, Edward Stanly, Frederick P. Stanton, Richard H. Stanton, John L. Taylor, James H. Thomas, Jacob Thompson, James Thompson, John B. Thompson, Robert Toombs, Abraham W. Venable, Hiram Walden, Daniel Wallace, Albert G. Watkins, Marshall J. Wellborn, Isaac Wildrick, Christopher H. Williams, Joseph A. Woodward, Timothy R. Young-109.

NAYS-Henry P. Alexander, Charles Allen, Edward D. Baker, Henry Bennett, Kinsley S. Bingham, Walter Booth, George Briggs, Lorenzo Burrows, Thomas B. Butler, Jesch Joseph R. Chandler, Charles E. Clarke Orsamus Cole, Moses Cable, Samuel Calvin, Lewis D. Campbell, David K. Cartter, B. Corwin, John Crowell, Jesse C. Dickey, David T. Disney, Charles Durkee, Nathan Evans, Graham N. Fitch, Orin Nathan F. Dixon, James Duane Doty, James H. Duncan, Fowler, John Freedly, Joshua R. Giddings, Daniel Gott, Herman D. Gould, Ransom Halloway, Moses Hampton, Andrew J. Harlan, Andrew K. Hay, William Hebard, Willia Jackson, George W. Julian, George G. King, James G. Henry, John W. Howe, William F. Hunter, William T. King, John A. King, Preston King, florace Mann, Orsamus B. Matteson, Thomas McKissock, James Meacham, Henry D. Moore, Jonathan D. Morris, William Nelson, John Otis,

August 23, 1850-yeas 27, nays 12, as fol- Charles W. Pitman, Harvey Putnam, Robert R. Reed, John lows:

YEAS-Messrs. Atchison, Badger, Barnwell, Bell, Berrien, Butler, Davis of Mississippi, Dawson, Dodge of Iowa, Downs, Foote, Houston, Hunter, Jones, King, Mangum, Mason, Pearce, Rusk, Sebastian, Soulé, Spruance, Sturgeon, Turney, Underwood, Wales, Yulee-27.

NAYS-Messrs. Baldwin, Bradbury, Chase, Cooper, Davis of Massachusetts, Dayton, Dodge of Wisconsin, Greene, Smith, Uphan, Walker, Winthrop-12.


September 12, 1850-yeas 109, nays 76, as follows:

YEAS-Messrs. Nathaniel Albertson, William J. Alston, Josiah M. Anderson, William S. Ashe, Thomas H. Averett, William V. N. Bay, Thomas II. Bayly, James M. H. Beale, William II. Bissell, Franklin W. Bowdon, Richard I. Bowie, James B. Bowlin, Lynn Boyd, Daniel Breck, Albert G. Brown, William J. Brown, Alexander W. Buel, Armistead Burt, George Alfred Caldwell, Joseph P. Caldwell, Thomas L. Clingman, Williamson R. W. Cobb, William F. Colcock, John R. J. Daniel, Edmund Deberry, Milo M. Dimmick, Cyrus L. Dunham, Henry A. Edmundson, Samuel A. Eliot,

Andrew Ewing, Winfield S. Featherston, Thomas J. D. Fuller, Meredith P. Gentry, Elbridge Gerry, Edward Gilbert, Willis A. Gorman, James S. Green, Willard P. Hall, William T. Hamilton, Hugh A. Haralson, Isham G. Harris, S. W. Har

L. Robinson, Joseph M. Root, David Rumsey, jr., William A. Sackett, Cullen Sawtelle, Ab'm M. Schermerhorn, John L. Schoolcraft, Peter H. Silvester, William Sprague, Thaddeus Stevens, Charles Stetson, John R. Thurman, Amos Tuck, Walter Underhill, Samuel F. Vinton, Loren P. Waldo, John Wentworth, William A. Whittlesey, Amos E. Wood, George W. Wright-76.

MILLARD FILLMORE, President, approved it, September 18, 1850.


First Session, Thirty-Second Congress. IN SENATE.

1852, Aug 26-The civil and diplomatic bill pending,

Mr. SUMNER offered an amendment to add to a section appropriating money to pay ministerial officers of the United States extraordinary expenses incurred, this proviso:

That no such allowance shall be authorized for any expenses incurred in executing the act of September 18, 1850, for the surrender of fugitives from service or labor; which said act is hereby repealed.

Which was rejected-yeas 4, nays 47, as fol- | introduced a bill to repeal the fugitive slave lows: law; which was referred to the Committee on the Judiciary.

YEAS-Messrs. Chase of Ohio, Hale of N. H., Sumner of Mass., Wade of Ohio-4.

NAYS-Messrs. Adams of Miss., Badger of N. C., Bayard

of Del., Bell of Tenn., Borland of Ark., Bradbury of Maine,

Bright of Ind., Brodhead of Penn., Brooke of Miss., Butler of S. C., Cass of Mich., Charlton of Geo., Clark of R. I., Clemens of Ala., Cooper of Penn., Dawson of Geo., DeSaussure of S. C., Dodge of Iowa, Douglass of Ill., Fitch of Mich., Fish of N. Y., Geyer of Mo., Gwin of Cal., Hamlin of Maine, Houston of Texas, Hunter of Va., James of R. I., Jones of Iowa, King of Ala., Mallory of Florida, Mangum of N. C., Mason of Va., Meriwether of Ky., Miller of N. J., Morton of Fla., Pearce of Md., Pratt of Md., Rusk of Texas, Shields of Ill., Smith of Conn., Soule of La., Spruance of Del., Toncey of Conn., Underwood of Ky., Upham of Vt., Walker f Wis., Weller of Cal.-47.

First Session, Thirty-Third Congress.

1854, July 28-Mr. THOMAS D. ELIOT, of Massachusetts, asked leave to introduce a bill to repeal the fugitive slave law. Mr. BRIDGES, of Pennsylvania, objected.

Mr. ELIOT moved to suspend the rules for that purpose; which was rejected-yeas 45, nays 120, as follows:

1862, May 24-Mr. WILSON, of Massachusetts, introduced a bill to amend the fugitive slave law; which was ordered to be printed and lie on the table.

June 10-Mr. WILSON moved to take up the bill; which was agreed to-yeas 25, nays 10, as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Cowan, Dixon, Doolittle, Fessenden, Foot, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Kansas, Morrill, Pomeroy, Simmons, Sumner, Ten Eyck, Trumbull,

Wade, Wilson of Massachusetts-25.

NAYS-Messrs. Carlile, Davis, Latham, McDougall, Nesmith, Powell, Saulsbury, Stark, Willey, Wright-10.

The bill was to secure to claimed fugitives a right to a jury trial in the district court for the United States for the district in which they may be, and to require the claimant to prove his loyalty. The bill repeals sections 6, 7, 8, 9, and 10 of the act of 1850, and that part of section 5, which authorizes the summoning of the posse comitatus. When a warrant of return is made either on jury trial or confession of the party in the presence of counsel, having been warned of his rights, the fugitive is to be surrendered to the claimant, or the marshal where necessary, who shall remove him to the boundary line of the district, and there deliver bin to the claimant. The bill was not further considered.

YEAS-Messrs. Edward Ball, Henry Burnett, Samuel P.
Benson, L. D. Campbell, David Carpenter, Moses B. Corwin,
Samuel L. Crocker, Thomas Davis, Alexander DeWitt, John
Pick, Edward Dickinson, Ben. C. Eastman, J. Wiley Ed-
mands, Thomas D. Eliot, William Everhart, Joshua R.
Giddings, John Z. Goodrich, Aaron Harlan, Thomas M.
Howe, Daniel T. Jones, James Knox, O. B. Matteson, Sam-
uel Mayall, Edwin B. Morgan, Jesso O. Norton, Samuel W.
Parker, Alexander C. M. Pennington, Benjamin Pringle,
David Ritchie, Samuel L. Russell, Alvah Sabin, Russell
Sage, William R. Sapp, George A. Simmons, Gerrit Smith,
Andrew Stuart, Benjamin B. Thruston, M. C. Trout, C. W.
Upham, Edward Wade, Samuel H. Walley, Ellihu B. Wash-
burne, Israel Washburn, jr., Daniel Wells, jr., Tappan Went-resolution :


NAYS-William Aiken, James C. Allen, Willis Allen, William S. Ashe, D. J. Bailey, W. S. Barry, T. H. Benton, T. S. Bocock. W. W. Boyce, J. C. Breckinridge, S. A. Bridges, P. 8. Brooks, S. Caruthers, E. M. Chamberlain, E. S. Chastain, J. 8. Chrisman, W. M. Churchwell, S. Clark, T. L. Clingman, W. R. W. Cobb, J. P. Cook, L. M. Cox, B. Craige, C. B. Curtis, J. G. Davis, J. L. Dawson, D. T. Disney, J. F. Dowdell, A. Drum, W. Dunbar, N. Eddy, A. P. Edgerton, H. A. Edmundson, J. M. Elliott, A. Ellison, W. II. English, E. W. Farley, C. J. Faulkner, T. B. Florence, T. J. D. Fuller, W. O. Goode, A. B. Greenwood, G. A. Grow, 8. W. Harris, W. P. Harris, J. 8. Harrison, S. G. Haven, T. A. Hendricks, B. Henn, H. Hibbard, C. S. Hill, G. S. Houston, T. G. Hunt, H. H. JohnBon, G. W. Jones, R. Jones, L. M. Keitt, J. Kerr, Z. Kidwell, G. W. Kettridge, W. H. Kurtz, A. W. Lamb, M. S. Latham, J. Letcher, J. J. Lindley, F. McMullen, J. McNair, J. McQueen, J. B. Macy, J. Maurice, A. E. Maxwell, J. G. Miller, 8. Miller, J. S. Millson, G. W. Morrison, W. Murray, M. II. Nichols, D. A. Noble, E. B. Olds, A. Oliver, J. L. Orr, R. W. Peckham, J. S. Phelps, P. Phillips, J. T. Pratt, W. Preston, R. C. Puryear, D. A. Reese, G. R. Riddle, J. Robbins, jr., S. H. Rogers, T. Ruffin, J. L. Seward, W. Shannon, II. M. Shaw, J. Shower, C. Skelton, S. A. Smith, W. R. Smith, G. W. Smyth, A. R. Sollers, F. P. Stanton, R. H. Stanton, A. H. Stephens, H. L. Stevens, N. T. Stratton, C. M. Straub, D. Stuart, F. J. Taylor, J. L. Taylor, N. G. Taylor, G. Vail, J. Vansant, II. Walbridge, W. A. Walker, J. Wheeler, W. H. Witte, D. B. Wright, H. B. Wright, F. K. Zollicoffer-120.


1861, December 20-Mr. JULIAN offered this

Resolved, That the Judiciary Committee be instructed to report a bill, so amending the fugitive slave law enacted in 1850 as to forbid the recapture or return of any fugitive from labor without satisfactory proof first made that the claimant of such fugitive is loyal to the Government.

Mr. HOLMAN moved to table the resolution, which was disagreed to-yeas 39, nays 78, as follows:

YEAS-Messrs. Ancona, Joseph Baily, Biddle, George H. Browne, Cobb, Cooper, Cox, Cravens, Crittenden, Dunlop, English, Fouke, Grider, Harding, Holman, Johnson, Law, Lazear, Leary, Lehman, Mallory, Morris, Noble, Neell, Norton, Nugen, Odell, Pendleton, Robinson, Shiel, John B. Steele, William G. Steele, Vallandigham, Wadsworth, Webster, Chilton A White, Wickliffe, Woodruff, Wright—39.

NAYS-Messrs. Aldrich, Alley, Arnold, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Burnhan, Chamberlain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Edwards, Eliot, Fessenden, Franchot, Frank, Gooch, Goodwin, Gurley, Hale, Hanchett, Harrison, Hooper, Hutchins, Julian, William Kellogg, Lansing, Loomis, Lovejoy, McKnight, McPherson, Marston, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Patton, Pike, Pomeroy, Porter, Potter, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shellabarger, Sherman, Sloan, Spaulding, Stevens, Eenjamin F. Thomas, Train, Vandever, Wall, Wallace, E. P.

Second Session, Thirty-Seventh Congress.* Walton, Washburne, Wheeler, Whaley, Albert S. White,


1861, December 26-Mr. Howe, of Wisconsin,

On the 23d of July, 1861, the Attorney General, in answer to a letter from the United States marshal of Kansas, inquiring whether he should assist in the execution of the fugitive slave law, wro'e:

ATTORNEY GENERAL'S OFFICE, July 23, 1861. JL. MCDOWELL, U. S. Marshal, Kensas:

Your letter of the 11th of July, received 19th, (under frank of Senator Lane, of Kansas,) asks advice whether you should give your official services in the execution of the fugitive slave law.

It is the President's constitutional duty to "take care that

Wilson, Windom, Worcester-78.

the laws be faithfully executed." That means all the laws. He has no right to discriminate, no right to execute the laws he likes, and leave unexecuted those he dislikes And of course you and I, his subordinates, can have no wider latitude of discretion than he has. Missouri is a State in the Union. The insurrectionary disorders in Missouri are but individual crimes, and do not change the legal status of the State, nor change its rights and obligations as a member of the Union

A refusal by a ministerial officer to execute any law which properly belongs to his office, is an official misdemeanor, of which I have no doubt the President would take notice Very respectful.y, EDWARD BATES



The resolution was then adopted-yeas 78, | persons escaping from the service of their masters,” nays 39. proved February 12, 1793, and the act to amend and sup 1862, June 9-Mr. JULIAN, of Indiana, intro-mentary to the aforesaid act, approved September 18, duced into the House a resolution instructing Mr. HOLMAN moved that the resolution lie the Judiciary Committee to report a bill for the upon the table, which was agreed to-yeas 81, purpose of repealing the fugitive slave law; nays 73, as follows: which was tabled-yeas 66, nays 51, as follows: YEAS-Messrs. William J. Allen, Ancona, Baily, Biddle, Francis P. Blair, Jacob B. Blair, George H. Browne, William G. Brown, Burnham, Calvert, Casey, Clements, Cobb, Corning, Crittenden, Delano, Diven, Granger, Grider, Haight, Hale, Harding, Holman, Johnson, William Kellogg, Kerrigan, Knapp, Lazear, Low, Maynard, Menzies, Moorhead, Mor-Charles M. Harris, Higby, Holman, Hutchins, William John ris, Noble, Noell, Norton, Odell, Pendleton, John S. Phelps, Timothy G. Phelps, Porter, Richardson, Robinson, James S. Rollins, Sargent, Segar, Sheffield, Shiel, Smith, John B. Steele, William G. Stecte, Benjamin F. Thomas, Francis Thomas, Trimble, Vallandigham, Verree, Vibbard, Voorhees, Wadsworth, Webster, Chilton A. White, Wicklife, Wood, Woodruff, Worcester, Wright-66.

NAYS-Messrs. Aldrich, Alley, Baker, Baxter, Beaman, Bingham, Blake, Buffinton, Chamberlain, Colfax, Frederick A. Conkling, Davis, Dawes, Edgerton, Edwards, Eliot, Ely, Franchot, Gooch, Goodwin, Hanchett, Hutchins, Julian, Kelley, Francis W. Kellogg, Lansing, Lovejoy, McKnight, MePherson, Mitchell, Anson P. Morrill, Pike, Pomeroy, Potter, Alexander H. Rice, John II. Rice, Riddle, Edward II. Rollins, Shellabarger, Sloan, Spaulding, Stevens, Train, Trowbridge, Van Horn, Van Valkenburgh, Wall, Wallace, Washburne, Albert S. White, Windom-51.

YEAS-Messrs. James C. Allen, William J. Allen, Ancona, Anderson, Laily, Augustus C. Baldwin, Jacob B. Blair, Bliss, Brooks, James S. Brown, William G. Brown, Clay, Cobb, Cofroth, Cox, Cravens, Creswell, Dawson, Deming, Denison, Eden, Edgerton, Eldridge, English, Finck, Ganson, Grider, Griswold, Hall, Harding, Harrington, Benjamin C. Harris, son, Kernan, King, Knapp, Law, Lazear, Le Blond, Long, Mallory, Marcy, Marvin, McBride, McDowell, McKiancy, William H. Miller, James R. Morris, Morrison, Nelson, Note, Odell, John O'Neill, Pendleton, William II Randall, Robinson, Rogers, James S. Rollins, Ross, Scott, Smith, Smithers, Stebbins, John B. Strele, Stuart, Sweat, Thomas, Voorhees, Wadsworth, Ward. Wheeler, Chiltor A. White, Joseph W. White, Williams, Winfield, Fernando Wood, Yeaman-81.

NAYS-Messrs. Alley, Allison, Ames, Arnold. Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blow, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clark, Freeman Clarke, Cole, Henry Winter Davis, Dawes, Dixon, Donnelly, Driggs, Dumont, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Grinnell, Hooper, Hotchkiss, Asahel W. Hubbard, John H. Hubbard, Hulburd, Jenckes, Julian, Francis W. Kellogg, Orlando Kellogg, Loan, Longyear, Lovejoy, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Amos terson, Pike, Pomeroy, Price, Alexander II. Rice, John H. Myers, Leonard Myers, Norton, Charles O'Neill, Orth, PatRice, Edward H. Rollins, Schenck, Scofield. Shannon, Resolved, That the Committee on the Judiciary be in-William B. Washburn, Whaley, Wilder, Wilson, Windom, Spalding, Thayer, Van Valkenburgh, Ellihu B. Washburne, structed to report a bill modifying the fugitive slave law so as to require a jury trial in all cases where the person Woodbridge-73. claimed denies under oath that he is a slave, and also requiring any claimant under such act to prove that he has been loyal to the Government during the present rebellion. Which was agreed to-yeas 77, nays 43, as fo lows:

Same day Mr. COLFAX, of Indiana, offered this resolution:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Eeaman, Bingham, Francis P. Blair, Blake, Buffinton, Burnham, Chamberlain, Colfax, Frederick A. Conkling, Davis, Dawes, Delano, Diven, Edgerton, Edwards, Eliot, Ely, Franchot, Gooch, Goodwin, Granger, Gurley, Haight, Hale, Hanchett, Hutchins, Julian, Kelley, Francis W. Kel logg, William Kellogg, Lansing, Loomis, Lovejoy, Low, McKnight, McPherson, Mitchell, Anson P. Morrill, Justin 8. Morrill, Nixon, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, John II. Rice, Riddle, Edward H. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sloan, Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, Trimble, Trowbridge, Van Valkenburgh, Verree, Wall, Wallace, Washburne, Albert S. White, Wilson, Windom, Wor


NAYS-Messrs. William J. Allen, Ancona, Baily, Biddle,
Jacob B. Blair, William G. Brown, Calvert, Casey, Clements,
Cobb, Corning, Crittenden, Fouke, Grider, Harding, Hol-
man, Johnson, Knapp, Maynard, Menzies, Noble, Noell, Nor-
ton, Pendleton, John S. Phelps, Richardson, Robinson, James
S. Rollins, Segar, Shiel, Smith, John B. Steele, William G.
S'ecle, Francis Thomas, Vallandigham, Vibbard, Voorhees,
Wadsworth, Webster, Chilton A. White, Wickliffe, Wood,

Third Session, Thirty-Seventh Congress.

1863, February 11-Mr. TEN EYCK, from the Committee on the Judiciary, to whom was referred a bill, introduced by Senator Howe, in second session, December 26, 1861, to repeal the fugitive slave act of 1850, reported it back without amendment, and with a recommendation that it do not pass.

First Session, Thirty-Eighth Congress.

1864, June 6-Mr. HUBBARD, of Connecticut, offered this resolution:

structed to report to this House a bill for the repeal of all Resolved, That the Committee on the Judiciary be inacts and parts of acts which provide for the rendition of fugitive slaves, and that they have leave to make such report at any time.

had made an ineffectual effort to offer it, Mr. Which went over under the rule. May 30, he HOLMAN objecting.


1864, April 19-The Senate considered the bill to repeal all acts for the rendition of fugitives from service or labor. The bill was taken upyeas 26, nays 10.

Mr. SHERMAN moved to amend by inserting these words at the end of the bill:

Except the act approved February 12, 1793, entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters."

Which was agreed to-yeas 24, nays 17, as follows:

YEAS-Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Doolittle, Foster, Harris, Henderson, Hendricks, Howe, Johnson, Lane of Indiana, McDougall, Nemith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey-24.

den, Grimes, Hale, Howard, Lane of Kansas, Morgan, Mor NAYS-Messrs. Anthony, Brown, Clark, Conness, Fessenrill, Pomeroy, Ramsey, Sprague, Sumner, Wilkinson, Wil


Mr. SAULSBURY moved to add these sections: United States shall be arrested, or imprisoned, or held to And be it further enacted, That no white inhabitant of the answer for a capital or otherwise infamous crime, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger, without due process of law.

And be it further enacted, That no person engaged in the executive, legislative, or judicial departments of the Government of the United States, or holding any office or trust

1863, Dec. 14-Mr. JULIAN, of Indiana, of- recognized in the Constitution of the United States, and no fered this resolution:

Resolved, That the Committee on the Judiciary be instructed to report a bill for the repeal of the third and fourth sections of the "act respecting fugitives from justice and

person in military or naval service of the United States, shall, without due process of law, arrest or imprison any white inhabitant of the United States who is not, or has not been, or shall not at the time of such arrest or imprisonment be, engaged in levying war against the United States,

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