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NAYS-Messrs. James C. Allen, Ancona, Augustus C. Bald-| Respecting the Issue of the Proclama


win, Bliss, Brooks, James S. Brown, Cox, Cravens, Dawson,
Denison, Elen, Edgerton, Eldridge, Finck, Ganson, Grider,
Griswold, Hall, Harding, Harrington, C. M. Harris, Herrick, THE PRESIDENT AND THE CHICAGO DEPUTATION.
Helwan, William Johnson, Kernan, King, Knapp, Law,
Later, Le Blond, Long, Mallory, Marcy. Me Dowell, Mc Kin-
ney, Middleton, Wm. H. Miller, James R. Morris, Morrison,
Nelom, Noble, John O'Neill, Pendleton, Perry, Radford,
Susel J. Randall, Robinson, Rogers, James S. Rollins, Ross,
Sot, John B. Steele, Wm. G. Steele, Stiles, Strouse, Stuart,
Sweat, Voorhees, Wadsworth, Ward, Wheeler, Chilton A.
White, Joseph W. White, Winfield, Fernando Wood, Yea-

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1864, Jan. 25-Mr. EDGERTON offered the following preamble and resolutions, which were laid over under the rule:

Whereas this House on the 17th day of December last adopted, with but one dissentient vote, the following resolution, to wit: "Resolved, That we hold it to be the duty of Congress to pass all necessary bills to supply men and money, and the duty of the people to render every aid in their power to the constituted authorities of the Government in the crushing out of the rebellion, and in bringing the leaders thereof to condign punishment;" Therefore in explanation of the foregoing resolution, and in further expression of the opinion and purpose of this House, Resolved, That the aid hitherto liberally supplied in men and money by the people of the United States, to enable the Federal Executive to prosecute the existing civil war, has been so supplied by all citizens truly faithful to the Federal Union and Constitution, for the purpose, and no other, expressed in the resolution adopted by Congress in July, 1861, declarative of the object of the war, and commonly known "the Crittenden resolution;” and public faith, true Christhan humanity, and wise statesmanship alike demand strict adherence by the "constituted authorities of the GovernBent to the purpose or object of the war, as thus declared by Congress and accepted by the people.

2. That the demand of the President, in his proclamation of December 8, 1863, that the people of the States wherein rebellion exists shall swear to abide by and support his proclamation of emancipation (in other words, change, or submit to the change, at his dictation, of their State consututions, local laws, and domestic institutions, not incousistent with the Constitution of the United States) before such States or their people will by him be considered to have ceased to be in rebellion, and entitled to pardon or amnesty, ani entitled to their constitutional rights of State government, in harmony with the Government of the United States, is, in the judgment of this House, an oppressive and unconstitutional demand, the tendency and effect of which, if persisted in and enforced by war, will be to substantially change the object and character of the war on the part of the Federal Government, from one to preserve, protect, and defend the Constitution of the United States as the supreme law of the land, to a revolutionary war against the constitutional rights and sovereignty of Federal States, and virtuaży subversive of the constitutional Government of the United States; and of such a war we now record our disapproval.

1862, September 13-The President gave an audience to a deputation from all the religious denominations of Chicago, presenting a memorial for the immediate issue of an emancipation proclamation, which was enforced by some remarks by the chairman. The President replied:


The subject presented in the memorial is one upon which have thought much for weeks past, and I may even say for months. I am approached with the most opposite opinions and advice, and that by religious men, who are equally certain that they represent the Divine will. I am sure that either the one or the other class is mistaken in that belief, and perhaps, in some respect, both. I hope it will not be irreverent for me to say that if it is probable that God would reveal his will to others, on a point so connected with my duty, it might be supposed he would reveal it directly to me; for, unless I am more deceived in myself than I often am, it is my earnest desire to know the will of Providence in this matter. And if I can learn what it is I will do it! These are not, however, the days of miracles, and I suppose it will be granted that I am not to expect a direct revelation. I must study the plain physical facts of the case, as certain what is possible, and learn what appears to be wise and right.

The subject is difficult, and good men do not agree. For instance, the other day four gentlemen of standing and intelligence from New York called as a delegation on business connected with the war; but before leaving two of them earnestly besonght me to proclaim general emancipation, upon which the other two at once attacked them. You know also that the last session of Congress had a decided majority of anti-slavery mea, yet they could not unite on this policy. And the same is true of the religious people. Why, the rebel soldiers are praying with a great deal more earnestness, I fear, than our own troops, and expecting God to favor their side; for one of our soldiers who had been taken prisoner told Senator Wilson a few days since that he met nothing so discouraging as the evident sincerity of those he was among in their prayers. But we will talk over the merits of the case.

What good would a proclamation of emancipation from me do, especially as we are now situated? I do not want to issuo a document that the whole world will see must necessarily be inoperative, like the Pope's bull against the comet! Would my word free the slaves, when I cannot even enforce the Constitution in the rebel States? Is there a single court, or magistrate, or individual that would be influenced by it there? And what reason is there to think it would have any greater effect upon the slaves than the late law of Congress, which I approved, and which offers protection and freedom to the slaves of rebel masters who come within our lines? Yet I cannot learn that that law has caused a single slave to come over to us. And suppose they could be induced by a proclamation of freedom from me to throw themselves upon us, what should we do with 8. That in view of the immense power of war demanded them? How can we feed and care for such a multitude? by the President and supplied to him by a patriotic people, General Butler wrote me a few days since that he was issuand hitherto wielded by him according to his own will, with ing more rations to the slaves who have rushed to him than little deference or regard to the opinions and convictions of to all the white troops under his command. They eat, and the very large number, if not majority, of faithful Union that is all; though it is true General Butler is feeding the citizens in the United States who have doubted or disap-whites also by the thousand; for it nearly amounts to a proved his policy in the conduct of the war and his extracrdinary assumptions of executive power, and in view of the dangers to constitutional liberty and the manifold evils that ever attend civil war, we desire peace, and the replacement under its healthful and benign influence, with the least possible further waste of blood and treasure of the people, of all the relations and functions of constitutional government, State and Federal, now disturbed and endangered; and we therefore deprecate all vindictive and revofutionary measures and policy, military or civil, as tending to divide the Union men of the country, to aggravate the evils and to intensify the animosity of the war and prolong its duration; and we advise, and do cordially invite and pledge our co-operation in negotiations, proposals, and efforts for peace upon the basis of a restoration of the Federal Union un ler the Constitution as it is, leaving to the free constitutional action of the people the questions of amendments of the Federal Constitution, and leaving also to the people of each State, as their unquestionable right, the right, and its free exercise, to form, regulate, and control their State constitutions, laws, and domestic institutions in their own way, subject only to the Constitution of the United States.

famine there. If, now, the pressure of the war should call off our forces from New Orleans to defend some other point, what is to prevent the masters from reducing the blacks to slavery again; for I am told that whenever the rebels take any black prisoners, free or slave, they immediately auction them off! They did so with those they took from a boat that was aground in the Tennessee river a few days ago. Aud then I am very ungenerously attacked for it! For instance, when, after the late battles at and near Bull Run, an expedition went out from Washington under a flag of truce to bury the dead and bring in the wounded, and the rebels seized the blacks who went along to help, and sent them into slavery, Horace Greeley said in his paper that the Government would probably do nothing about it. What could I do?

Now, then, tell me, if you please, what possible result of good would follow the issuing of such a proclamation as you desire? Understand, I raise no objections against it on legal or constitutional grounds, for, as Commander-in-Chief of the Army and Navy, in time of war I suppose I have a right to take any measure which may best subdue the enemy, nor do I urge objections of a moral nature, in view of possible consequences of insurrection and massacre at the South. I

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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 fact 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 should 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 difficulties 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 in

jured your feelings.


not insist.


Adopted at a meeting of Governors of loyal States, held to take measures for the more active support ofthe 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 remain 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, hereafter as heretofore, in the exercise of the functions of his great office. 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 anarchy 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 must vigorous exercise of all our lawful 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 kept on foot, to be raised, armed, equipped, and trained at reserve ought, until the war shall end, to be constantly

home, and ready for emergencies, we respectfully ask the President to call for such a force of volunteers for one First Session, Thirty-Eighth Congress. year's service, of not less than one hundred thousand in the aggregate, the quota of each State to be raised after it shall 1864, June 25-Mr. BOUTWELL, of Massachusetts: The have filled its quota of the requisitions already made, both gentleman from Kentucky [Mr. Mallory] said this morning for volunteers and militia. We believe that this would be that the whole policy of the country was changed by the a measure of military prudence, while it would greatly proclamation of the President, and he attributed that proc-promote the military education of the people. lamation to the meeting of the Governors of certain States at Altoona. I am not here to be put upon the witness stand, but it so happens that I have the means of knowing that the proclamation of September, 1862, was entirely independent of and antecedent to the meeting of the Governors at Altoona. The meeting of the Governors had no connection with the proclamation.. The gentleman from Kentucky should remember that prior to the issuing of that proclamation we had met with but few successes, and that we had endured many, many reverses. Lee had battled for four days under the fortifications of the capital, and had finally crossed the Potomac into Maryland. It was not until the country put itself on the side of justice that it had a right to expect the favor of Divine Providence, or any of those successes which have rendered this war glorious in the cause of freedom, truth, and justice.

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 224 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

We hail with heartfelt gratitude and encouraged hope the proclamation of the President, issued on the 22d instant, declaring emancipated from their bondage all persons held to service or labor as slaves in the rebel States, whose rebellion shall last until the first day of January now next ensuing. The right of any person to retain authority to compel any portion of the subjects of the national Government to rebel against it, or to maintain its enemies, implies in those who are allowed possession of such authority the right to rebel themselves; and therefore the right to establish martial law or military government in a State or Territory in rebellion implies the right and the duty of the Gov ernment to liberate the minds of all men living therein by appropriate proclamations and assurances of protection, in order that all who are capable, intellectually and morally, of loyalty and obedience, may not be forced into treason as the unwilling tools of rebellious traitors. To have continned 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 havə discriminated against the wife who is compelled to surren der her husband, against the parent who is to surrender his child to the hardships of the camp and the perils of battle, 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

those who may yet give their lives to their country, will short-comings, think, I pray you, of what has been done in not have been shed in vain. a brief period, and from the past discern the sure promise of the future. Knowing something of my convictious 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, he p it by word and act, but stand by it and have faith in it.

The splendid valor of our soldiers, their patient endur-, Ance, 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 var 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. A. G. CURTIN,




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.

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, perlaps, 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 President, 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 terin, 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, nur 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.

Could you have seen the President-as it was my privilege often-while ho was considering the great questions on which be 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 Liferia-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 whole soul was occupied, especially by the first proposition, which was peculiarly his own. In familiar intercourse with him, I remember nothing more touching than tho earnestness and completeness with which Le embraced this idea. To his mind, it was just and beneficent 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 welcome. 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

"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 emancipa tion proclanation 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 procla mation 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 then 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 him to withhold its publication until after we had gained 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,



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

and nays.


February 5, 1793-Yeas 48, nays 7, as fol


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,

Francis Willis-48.

NAYS-Samuel Livermore, John Francis Mercer, Nathaniel Niles, Josiah Parker, Jonathan Sturges, George Thatcher,

Thomas Tredwell-7.

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

The act of 1850 was passed by the following



Henry W. Hilliard, Moses Hoagland, Alexander R. Holla day, 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, LaSère, Shepperd Leffler, Nathaniel S. Littlefield, Job Mann, Humphrey Marshall, John C. Mason, John A. McClernand, Joseph E. McDonald, Edward W. McGaughey, James X McLanahan, Finis E. McLean, Fayette McMullen, John 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. Shepperd, Edward Stanly, Frederick P. Stanton, Richard H. Stanton, John L. Taylor, James II. 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, Cable, Samuel Calvin, Lewis D. Campbell, David K. Cartier, George Briggs, Lorenzo Burrows, Thomas B. Butler, Joseph Joseph R. Chandler, Charles E. Clarke, Orsamus Cole, Moses B. Corwin, Jolin 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, William Jackson, George W. Julian, George G. King, James G. Henry, John W. Howe, William F. Hunter, William T.

King, John A. King, Preston King, Horace 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, Uphain, 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 H. Bayly, James M. H. Beale, William H. 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

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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 trym 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.

NATS-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., DeSaus-
sure 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.,
Tones of Iowa, King of Ala., Mallory of Florida, Mangum
f N. C., Mason of Va., Meriwether of Ky., Miller of N. J.,
Horton of Fla., Pearce of Md., Pratt of Md., Rusk of Texas,
Rhields of Ill., Smith of Conn., Soule of La., Spruance of Del.,
Concey 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, Jurnet

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 YEAS-Messrs. Edward Ball, Henry Burnett, Samuel P. Benson, L. D. Campbell, David Carpenter, Moses B. Corwin, party in the presence of counsel, having been Samuel L. Crocker, Thomas Davis, Alexander DeWitt, John warned of his rights, the fugitive is to be surDick, Edward Dickinson, Ben. C. Eastman, J. Wiley Ed-rendered to the claimant, or the marshal where manis, Thomas D. Eliot, William Everhart, Joshua R. Gildings, John Z. Goodrich, Aaron Harlan, Thomas M. Howe, Daniel T. Jones, James Knox, O. B. Matteson, Samtel 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, Ellihn B. Washberne, Israel Washburn, jr., Daniel Wells, jr., Tappan Went-resolution:


NATS-William Aiken, James C. Allen, Willis Allen, William 8. Ashe, D. J. Bailey, W. S. Barry, T. II. Benton, T. S. Bouck, W. W. Boyce, J. C. Breckinridge, S. A. Bridges, P. & Brooks, S. Caruthers, E. M. Chamberlain, E. S. Chastain, J. S. 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. EdmundBon, J. M. Elliott, A. Ellison, W. H. English, E. W. Farley, C. J. Faulkner, T. B. Florence, T. J. D. Fuller, W. O. Goode, A. B. Greenwood, G. A. Grow, S. 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. JohnBou, 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. H. 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, H. Walbridge, W. A. Walker, J. Wheeler, W. H. Witte, D. B. Wright, H. B. Wright, F. K. Zollicoffer-120.

necessary, who shall remove him to the boundary line of the district, and there deliver him to the claimant. The bill was not further considered.


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, Dunlap, English, Fouke, Grider, Harding, Holman, Johnson, Law, Lazear, Leary, Lehman, Mallory, Morris, Noble, Noell, Nor ton, 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, Benjamin F. Thomas, Train, Vandever, Wall, Wallace, E. P. Wilson, Windom, Worcester-78.

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 marsbal of Kansas, inquiring whether he should assist in the execution of the fugitive slave law, wrote:

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

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

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 respectfully, EDWARD BATES.

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