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AMENDMENT OF FUGITIVE SLAVE LAW, MARCH 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person arrested under the laws of Congress for the delivery up of fugitives from labor shall be produced before a court, judge, or commissioner, mentioned in the law approved the 18th of September, 1850, for the State or Territory wherein the arrest may be made; and upon such production of the person, together with the proofs mentioned in the sixth or the tenth section of the said act, such court, judge, or commissioner, shall proceed to hear and consider the saine publicly; and if such court, judge, or commissioner, is of opinion that the person arrested owes labor or service to the claimant according to the laws of any other State, Territory, or District of Columbia, and escaped therefrom, the court, judge, or commissioner shall make out and deliver to the claimant, or his agent, a certificate stating those facts; and if the said fugitive shall, upon the decision of the court, judge, or commissioner being made known to him, aver that he is free, and does not owe service or labor according to the law of the State or Territory to which he is to be returned, such averment shall be entered upon the certificate, and the fugitive shall be delivered by the court, judge, or commissioner to the marshal, to be by him taken and delivered to the marshal of the United States for the State or district from which the fugitive is ascertained to have fled, who shall produce said fugitive before one of the judges of the Circuit Court of the United States for the last mentioned State or district, whose duty it shall be, if said alleged fugitive shall persist in his averment, forthwith, or at the next term of the Circuit Court, to cause a jury to be impanelled and sworn to try the issue whether such fugitive owes labor or service to the person by or on behalf of whom he is claimed, and a true verdict to give according to the evidence, on which trial the fugitive shall be entitled to the aid of counsel and to process for procuring evidence at the cost of the United States; and upon such finding the judge shall render judgment, and cause said fugitive to be delivered to the claimant, or returned to the place where he was arrested, at the expense of the United States, according to the finding of the jury; and if the judge or court be not satisfied with the verdict, he may cause another jury to be impanelled forthwith, whose verdict shall be final. And it shall be the duty of said marshal so delivering said alleged fugitive, to take from the marshal of the State from which said fugitive is alleged to have escaped, a certificate acknowledging that said alleged fugitive had been delivered to him, giving a minute description of said alleged fugitive, which certificate shall be authenticated by the United States district judge, or a commissioner of a United
States Court for said State from which said fugitive was alleged to have escaped, which certificate shall be filed in the office of the United States District Court for the State or district in which said alleged fugitive was seized, within sixty days from the date of the arrest of said fugitive; and should said marshal fail to comply with the provisions of this act, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of $1,000 and imprisoned for six months, and until his said fine is paid.
SEC. 2. And be it further enacted, That no citizen of any State shall be compelled to aid the marshal or owner of any fugitive in the capture or detention of such fugitive, unless when force is employed or reasonably apprehended to prevent such capture or detention, too powerful to be resisted by the marshal or owner; and the fees of the commissioners appointed under the act of 18th of September, 1850, shall be ten dollars for every case heard and determined by such commissioner.
Which was passed, yeas 92, nays 83, as follows:
Green Aldrich, William
c. Anderson, Babbitt, Barr, Blair, Brayton, Briggs, Bristow,
NAYS-Messrs. Ashley, Avery, Barrett, Beale, Bingham,
AMENDMENT OF THE ACT FOR THE RENDITION
jurisdiction of such State at the time such | ton, Edmundson, Edwards, Eliot, Ely, English, Farnsworth,
Haskin, Hickman, Hindman, W. A. Howard, Hutchins, Fenton, Florence, Frank, French, Garnett, Gooch, Graham, Irvine, Jenkins, F. W. Kellogg, Kilgore, Kunkel, D. C. Martin, McKean, McKnight, Moorhead, Morrill, Morse, ques-Nelson, Niblack, Olin, Perry, Pettit, Peyton, Phelps, Potter, Pottle, Pyor, E. R. Reynolds, Rice, C. Robinson, Run, Stevens, Stevenson, Tappan, Thomas, Tompkins, Train, Sickles, Simms, W. H. N. Smith, Somes, Spaulding, Spinner,
Leach, Leake, Lee, Longnecker, Lovejoy, Marston, Elbert S.
crime was committed, of which such charge
Which was rejected, yeas 48, nays 125, as follows:
YEAS-Messrs. Green Adams, Adrain, William C. Ander
son, Barr, Barrett, Bouligny, Brabson, Briggs, Bristow,
NAYS-Messrs. Charles F. Adams, Alley, Ashley, Avery,
wick, Sherman, Simms, William H. N. Smith, Somes, Spin-
ner, Stanton, Stevens, Stevenson, James A. Stewart, William
Trimble, Vallandigham, Vance, Wade, Walton, C. C. Wash-
Same day. Mr. KILGORE moved to lay the whole subject on the table; which was rejected-yeas 14, nays 179. The yeas were
Messrs. Alley, Beale, Buffinton, Carey, Eliot, Farn worth, Grow, Kilgore, Potter, Sedgwick, Somes, Waldron Cadwalader C. Washburn, Windom-14.
Same day. The House came to a vote on the following substitute for it, offered by Mr.WM. KELLOGG, of Illinois :
Strike out all after the word " that," and insert:
The following articles be, and are hereby, proposed and submitted as amendments to the Constitution of the United States, which shall be valid, to all intents and purposes, as part of said Constitution, when ratified by conventions of three-fourths of the several States.
ART. 13. That in all the territory now held by the United States situate north of latitude 36° 30', involuntary servitude, except in the punishment for crime, is prohibited while such territory shall remain under a territorial government; that in all the territory now held south of said line, neither Congress nor any Territorial Legislature shall hinder or prevent the emigration to said territory of persons held to service from any Rep-State of this Union, when that relation
Neither of these propositions was considered in the Senate, except the proposed Constitutional amendment, which was passed. For vote, see page 60.
Pending this report in the House of resentatives,
February 27th. Mr. BURCH moved to add to the declaratory resolutions, one recommending to the several States that they, through their legislatures, request Congress to call a Convention of all the States, to amend it "in such manner with regard to such subjects as will more adequately respond to the wants, and afford more sufficient guarantees to the diversified and growing interests of the Government and of the people composing the same; which was rejected, yeas 74, nays 109, as follows:
YEAS-Messrs. Green Adams, Garnett B. Adrain, W. C. Anderson, Babbitt, Barr, Boteler, Brabson, Briggs, Bristow, Burch, Burnham, Campbell, Coburn, Clark B. Cochrane, John Cochrane, Colfax, Cor, Curtis, Duell, Etheridge, Ferry, Fouke, Gilmer, Hall, J. Morrison Harris, John T. Harris, Hatton, Helmick, Hoard, Holman, Wm. Howard, Hughes, Humphrey, Junkin, Wm. Kellogg, Kenyon, Kil linger, Larrabee, J. M. Lench, Logan, Loomis, Mallory, Chas. D. Martin, Maynard, McClernand, Mc Kenty, McPher Bon, Millson, Montgomery, Moore, Edward Joy Morris, Isaac N. Morris, Nixon, Noell, Palmer, Porter, Quarles, John H. Reynolds, Riggs, J. C. Robinson, Scranton, Sedgwick, Stanton, James A. Stewart, Wm. Stewart, Stokes, Stout, Stratton, Thayer, Waldron, Webster, Wells, Wood, Woodruff-74. NAYS-Messrs. Chas. F. Adams, Aldrich, Alley, T. L. Andersom, Ashley, Avery, Barrett, Beale, Bingham, Blair, Blake, Bocock, Branch, Brayton, Brown, Buffinton, Burlingame, Burnell, Butterfield, Carey, Carter, Case, John B. Clark, Cor win, Covode, Jas. Craig, Burton Craige, H. Winter Davis, J. G. Davis, Dawes, De Jarnette, Delano, Dimmick, Dunn, Edger
exists by virtue of any law or usage of such State, while it shall remain in a territorial condition; and when any territory north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress, according to the then Federal ratio of representation of the people of the United States, it may, if its form of government be republican, be admitted into the Union on an equal footing with the original States, with or without the relation of persons held to service or labor, as the constitution of such new State may provide.
ART. 14. That nothing in the Constitu tion of the United States, or any amendment thereto, shall be so construed as to authorize any department of the Government to, in any manner, interfere with the relation of persons held to service in any State where that relation exists, nor in any manner to establish or sustain that relation in any State where it is prohibited by the laws or constitution of such State. And that this article shall not be altered or amended without the consent of every State in the Union.
ART. 15. The third paragraph of the second section of the fourth article of the Constitution shall be taken and construed
to authorize and empower Congress to pass laws necessary to secure the return of persons held to service or labor under the laws of any State, who may have escaped therefrom, to the party to whom such service or labor may be due.
ART. 16. The migration or importation of persons held to service or involuntary servitude, into any State, Territory, or place within the United States, from any place or country beyond the limits of the United States or Territories thereof, is forever prohibited.
ART. 17. No territory beyond the present limits of the United States and the Territories thereof shall be annexed to, or acquired by the United States, unless by treaty, which treaty shall be ratified by a vote of twothirds of the Senate.
This was disagreed to-yeas 33, nays 158. The YEAS were Messrs. Adrain, Barr, Briggs, Burch, Horace P. Clark, John Cochrane, Cox, John G. Davis, English, Etheridge, Fouke, Gilmer, J. Morrison Harris, Holman, William Howard, Junkin, William Kellogg, Larrabee, Logan, Charles D. Martin, McClernand, Mc Kenty, Mont gomery, Isaac N. Morris, Nelson, Niblack, Riggs, James C. Robinson, Sickles, Stokes, Stout, Vallandigham, Webster
MR. CLEMENS'S RESOLUTION.
Mr. SHERRARD CLEMENS of Virginia, then offered a substitute for it, being Mr. Crittenden's proposition as amended on motion of Mr. Powell, with these additions:
ART. 7. Section 1. The elective franchise and the right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by persons who are, in whole or in part, of the African race.
Section 2. The United States shall have power to acquire, from time to time, districts of country in Africa and South America, for the colonization, at the expense of the Federal Treasury, of such free negroes and mulattoes as the several States may wish to have removed from their limits, and from the District of Columbia, and such other places as may be under the jurisdiction of Congress. And the substitution of the words: "the Southern boundary of Kansas and the Northern boundary of New Mexico," for the words: "latitude 36° 30'," in the first sentence of Article 1.
Which was negatived, yeas 80, nays 113, as follows:
YEAR-Messrs. Adrain, William C. Anderson, Avery, Barr, Barrett, Bocock, Boteler, Bouligny, Brabson, Branch, Brizgs, Bristow, Brown, Burch, Burnett, Horace F. Clark, John B. Clark, John Cochrane, Cox, James Craig, Burton Craige, John G. Davis, De Jarnette, Dimmick, Edmundson, English, Florence, Pouke, Garnett, Gilmer, Hamilton, J. Morrison Harris, John T. Harris, Hatton, Holman, Wm. Howard, Hughes, Jenkins, Kunkel, Larrabee, James M. Leach, Leake, Logan, Maclay, Mallory, Charles D. Martin, Elbert & Martin, Maynard, McClernand, Mc Kenty, Millson, Montgomery, Lalan T. Moore, Isaac N. Morris, Nelson, Niblack, Noell, Peyton, Phelps, Pryor, Quarles, Riggs, Jas. C. Robinson, Rust, Sickles, Simms, William Smith, William N. H. Smith, Stevenson, James A. Stewart, Stokes, Stout, Thomas, Fullandigham, Vance, Webster, Whiteley, Winslow, Woodson, and Wright--80.
NAYS-Messrs. Charles F. Adams, Aldrich, Alley, Ashley, Babbitt, Beale, Bingham, Blair, Blake, Brayton, Buffinton, Burlingame, Burnham, Butterfield, Campbell, Carey, Carter, Case, Coburn, Clark B. Cochrane, Colfax, Conkling,
Conway, Corwin, Covode, H. Winter Davis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Etheridge, Farnsworth, Fenton, Ferry, Foster, Frank, French, Gooch, Graham, Grow, Hale, Hall, Helmick, Hickman, Hindman, Hoard, William A. Howard, Humphrey, Hutchins, Irvine, Junkin, Francis W. Kellogg, William Kellogg, Kenyon, Kilgore, Killinger, De Witt C. Leach, Lee, Longnecker, Loomis, Lovejoy, Marston, McKean, McKnight, McPherson, Moorhead, Morrill, Morse, Nixon, Olin, Palmer, Perry, Pettit, Porter, Potter, Pottle, Edwin R. Reynolds, Rice, Christopher Robinson, Royce, Scranton, Sedgwick, Sher man, Somes, Spaulding, Spinner, Stanton, Stevens, William Stewart, Stratton, Tappan, Thayer, Theaker, Tompkins, Train, Trimble, Vandever, Van Wyek, Verree, Wade, Wal dron, Walton, Cadwalader C. Washburn, Ellihu B. Wash burne, Wells, Wilson, Windom, Wood, and Woodruff-113. Votes in the Senate.
During the pendency, in the Senate, of the Constitutional amendment reported from the House Committee of Thirty-three, and adopted by the House, Mr. PUGH, of Ohio, offered a substitute, which was the same as Mr. Crittenden's* (as amended by Mr. Powell) with the omission of the preamble and four resolutions, and the addition of the following at the close of Article 4:
But the African slave trade shall be forever suppressed, and it shall be the duty of Congress to make such laws as shall be necessary and effectual, to prevent the migra tion and importation of slaves, or persons owing service or labor into the United States from any foreign country, place, or jurisdiction whatever.
Section 2. That persons committing crimes against the rights of those who hold persons to service or labor in one State, and fleeing to another, shall be delivered up in the same manner as persons committing other crimes; and that the laws of the States from which such persons flee shall be the test of criminality.
Section 3. Congress shall pass efficient laws for the punishment of all persons in any of the States, who shall in any manner aid and abet invasion or insurrection in any other State, or commit any other act tending to disturb the tranquillity of its people, or government of any other State.
And the insertion of a new article:
ART. 7. Section 1. The elective franchise and the right to hold office, whether Federal, State, Territorial, or Municipal, shall not be exercised by persons who are, in whole or in part, of the African race.
MR. DOOLITTLE'S ON THE RIGHT OF SECESSION. Mr. DOOLITTLE, of Wisconsin, offered as a substitute for the above the following:
"Under this Constitution, as originally adopted, and as it now exists, no State has power to withdraw from the jurisdiction of the United States; but this Constitution, and all laws passed in pursuance of its delegated powers, are the supreme law of the land, any thing contained in any constitu tion, ordinance, or act of any State, to the contrary notwithstanding."
March 2, 1861. This was rejected—yeas 18, nays 28, as follows:
* See page 64.
MENTS TO TAB CONSTITUTION OF THE UNITED STATBA.
Yeas-Messrs. Bingham, Chandler, Clark, Collamer, Which was rejected-yeas 14, nays 25 as
YEAB-Messrs. Bingham, Chandler, Clark, Doolittle, Fes. Nays-Messrs. Anthony, Baker, Bayard, Bigler, Bragg, senden, Foot, Grinies, King, Morrill, Pugh, Sumner, TrumBright, Cameron, Clingman, Crittenden, Dixon, Douglas, bull, Wilkinson, and Wilson–14. Foster, Gwin, Hemphill, Hunter, Johnson of Tennessee, NÁY8-Mossrs. Anthony, Baker, Bigler, Bright, CritterKennedy, Lane, Latham, Mason, Nicholson, Pearce, Powell, den, Dixon, Douglas, Durkee, Fostor, Grin. Harlan, Pugh, Rice, Sebastian, Ten Eyck, and Wigfall-28.
Hunter, Johnson of Arkansas, Johnson of Tennessee,
Kennedy, Lane, Lutham, Mason, Nicholson, Polk, Rice, VOTE ON MR. PUGH's.
Sebastian, Ten Eyck, Thomson, and Wade25. The substitute of Mr. Pugh was then re
THE PEACE CONFERENCE. jected-yeas 14, nays 25, as follows:
The Peace Conference propositions offered Yeas—Messrs. Bayard, Bright, Gwin, Hunter, Johnson by Mr. Johnson, of Arkansas, were then conof Arkansas, Kenneily, Lane, Mason, Nicholson, Polk, sidered as a substitute, and rejected-yeas Powell, Pugh, Thomson, and Wigfall-14. Nays-Messrs. Anthony, Baker, Bigler, Bingham, Chand
3, nays 34. ler, Clark, Crittenden, Dixon, Doolittle, Douglas, Fessenden, The joint resolution of the House of RepFoot, Foster, Grimes, Harlan, Johnsom of Tennessee, King, resentatives was then passed. Lutham, Morrill, Rice, Sebastian, Sumner, Ten Eyck, Wilkiuson, and Wilson-25.
Note.—During the above votes, several
Senators said in explanation of their negaMR. BINGHAN'S PROPOSITION.
tive votes upon propositions, that they had Mr. BINGHAM, of Michigan, offered the fol- determined to vote against all substitutes for lowing substitute, which was rejected-yeas the House proposition, and for it, believing 13, nays 24, as follows:
it to be the only measure practicable at so “ That the provisions of the Constitution late a period in the session. Mr. DOUGLAS, are ample for the preservation of the Union, of Illinois, and Mr. Ten Eyck, and others, and the protection of all the material inter- made this statement. ests of the country: that it needs to be obeyed rather than amended; and that an Vote on the Crittenden Resolutions, extrication from our present dangers is to
January 16, 1861. be looked for in strenuous efforts to preserve A JOINT RESOLUTION (8. No, 50) PROPOSING CERTAIN AMESD the peace, protect the public property, and enforce the laws, rather than in new guaran- WHEREAS, serious and alarming dissensions have arised tees for particular interests, compromises for between the Northern and Southern States, concerning the
rights and security of the rights of the slavebolding States, particular difficulties, or concessions to un-- and especially their rights in the common territory of the reasonable demands.
United States; and whereas it is eminently desirable aud Resolved, That all attempts to dissolve existence of this Union, should be permanently gnieted
proper that these dissensions, which now threaten the rery the present Union, or overthrow or abandon and settled by constitutional provisions, which shall do the present Constitution, with the hope or equal justice to all sections, and thereby restore to the
people that peace and good-will which ougbt to prerail expectation of constructing a new one, are between all the citizens of the United States : Therefore, dangerous, illusory, and destructive ; that in Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled (twothe opinion of the Senate of the United States thirds of both Houses concurring), That the following arti
. no such reconstruction is practicable; and cles be, and are hereby, proposed and submitted as amend. therefore, to the maintenance of the existing be valid to all intents and purposes, as part of said Cop
ments to the Constitution of the United States, which shal! Union and Constitution should be directed btitntion, wben ratified by conventions of three-fonrtha all the energies of all the departments of the of the several States: Government, and the efforts of all good held,or
hereafter acquired, situate north of latitude 360 39",
Article 1. In all the territory of the United States now citizens.
slavery or involuntary servitude, except as a punishment YEAs-Messrs. Bingham, Chandler, Clark, Doolittle, Dur
for crime, is prohibited while such territory shall remain
ander territorial government. In all the territory south kee, Fessenden, Foot, King, Sumner, Trumbull, Wade, Wil
of said line of latitude, slavery of the African race is kinson, and Wilson-13.
Nars.---Vessrs. Anthony, Birker, Bigler, Bright, Crit- hereby recognized as existing, and shall not be interfered tenden, Dixon, Douglas, Fostor, Gwin, Harlan, Hunter, all the departments of the territorial government during
with by Congress, but shall be protected as property by Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, its continuance. And when any Territory, north or south Latham, Mason, Nicholson, Polk, Pugh, Rice, Sebastion, of said line, within such boundaries as Congress may preTen Eyck, and Thomsoni - 24.
scribe, sball contain the population requisite for a member A CONVENTION.
of Congress according to the then Federal ratio of repre.
sentation of the people of the United States, it shall, if its Mr. Grimes, of Iowa, offered the following form of goverv ment be republican, be admitted into the substitute:
Uuion, on an equal footing with the original States, with
or without slavery, as the constitution of such new State The Legislatures of the States of Ken- may provide. tucky, New Jersey and Illinois, have applied
ART. 2. Congress shall have no power to abolish slavery
in places under its exclusive jurisdiction, and situate to Congress to call a Convention for pro- within the limits of States that permit the holding of posing amendments to the Constitution of slaves. the United States : therefore,
Art. 3. Congress shall have no power to abolish slavery
witbin the District of Columbia, so long as it exists in the "Be it Resolved by the Senate and House adjoining States of Virginia and Marylaud, or either, nor of Representatives of the United States of compensation first made to such owners of slaves as do not
without the consent of the inhabitants, nor without just America in Congress assembled, That the consent to such abolishment. Nor shall Congress at any Legislatures of the other States be invited time prohibit officers of the Federal Government, or mem. to take the subject of such a Convention District, from bringing with them their slaves, and holding
bers of Congress, whose duties require them to be in said into consideration, and to express their will them as such during the time their duties may require on that subject to Congress, in pursuance them to remain there, and afterwards taking them from of the fifth article of the Constitution." ART. 4. Congress shall have no power to prohibit or
binder the transportation of slaves from one State to an-
ART. 6. No future amendment of the Constitution shall affect the five preceding articles; nor the third paragraph nor the third paragraph of the second section of the fourth article of said Constitution; and no amendment shall be made to the Constitution which shall authorize or give to Congress any power to abolish or interfere with slavery in any of the States by whose laws it is, or may be, allowed
of the second section of the first article of the Constitution;
And whereas, also, besides these causes of dissension em
braced in the foregoing amendments proposed to the Constiration of the United States, there are others which come within the jurisdiction of Congress, and may be remedied by its legislative power; and whereas it is the desire of Congress, as far as its power will extend, to remove all just canse for the popular discontent and agitation which now disturb the peace of the country, and threaten the stability of its institutions: Therefore,
Court of the United States; that the slaveholding States are
hinder or defeat the due execntion of said laws.
ing in article 1, after the word "territory," in the second sentence, the words "now held or hereafter to be aequired," so that the clause will read: “In all the territory now held or hereafter to be acquired south of said line of latitude, slavery of the African race is hereby recognized, etc.," which was agreed to as follows:
YEAS-Messrs. Baker, Bayard, Benjamin, Bigler, Bragg, Bright, Clingman, Crittenden, Douglas, Fitch, Green, Gwin, Hemphill, Hunter, Iverson, Johnson of Tennessee, Kennedy, Lane, Mason, Nicholson, Pearce, Polk, Powell, Pugh, Rice, Saulsbury, Sebastian, Slidell, and Wigfall-29.
NAIS-Messrs. Anthony, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Latham, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, and Wilson-24.
Mr. CLARK of New Hampshire offered an amendment to strike out the preamble, and all the resolutions after the word "resolved," and insert: "That the provisions of the Constitution are ample for the preservation of the Union, and the protection of all the material interests of the country; that it needs to be obeyed rather than amended; and that an extrication from our present danger is to be looked for in strenuous efforts to preserve the peace, protect the public property and enforce the laws, rather than in new guarantees for particular interests, compromises for particular difficulties, or concessions to unreasonable demands.
"Resolved, That all attempts to dissolve the present Union, or overthrow or abandon the present Constitution with the hope or expectation of constructing a new one, are dangerous. illusory and destructive; that in the opinion of the Senate of the United States no such reconstruction is practicable; and therefore, to the maintenance of the existing Union and Constitution should be directed all the energies of all the depart
1. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws now in force for the recovery slaves are in strict pursuance of the plain and mandatory provisions of the Constitution, and have been sanctioned g* valid and constitutional by the judgment of the Supreme entitled to the faithful observance and execution of those laws, and that they ought not to be repealed, or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt by rescue of the slave, or other illegal means, to 2. That all State laws which conflict with the fugitivements of the Government, and the efforts slave acts of Congress, or any other constitutional acts of of all good citizens." Congress, or which, in their operation, impede, hinder, or delay the free course and due execution of any of said acts, are null and void by the plain provisions of the Constitution of the United States; yet those State laws, void as they are, have given color to practices, and led to consequences which have obstructed the due administration and execution of acts of Congress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. Congress, therefore, in the present perilons juncture, does not deem it improper, respectfully and earnestly to recommend the repeal of those laws to the several States which have enacted them, or such legislative corrections or explanations of them as may prevent their being used or perverted to such mischievons purposes.
Which was agreed to:
YEAS-Messrs. Anthony, Baker, Bingham, Cameron, Chandler, Clark, Collamer, Dixon, Doolittle, Durkee, Fessenden, Foot, Foster, Grimes, Hale, Harlan, King, Seward, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, and Wilson-25.
NAYS-Messrs. Bayard, Bigler, Bragg, Bright, Clingman, Crittenden, Fitch, Green, Gwin, Hunter, Johnson of Tennes see, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Ponnell, Pugh, Rice, Saulsbury, and Sebastian-23.
Messrs. BENJAMIN of Louisiana, DOUGLAS of Illinois, HEMPHILL of Texas, IVERSON of Georgia, JOHNSON of Arkansas, SLIDELL of Louisiana. and WIGFALL of Texas, who voted on the next preceding question, did not vote on this. Mr. DOUGLAS stated afterwards in open Senate that he was accidentally absent in one of the retiring rooms, and asked to record his vote, but was refused permission.
3. That the act of the 18th of September, 1850, commonly called the fugitive slave law, ought to be so amended as to make the fee of the commissioner, mentioned in the eighth section of the act, equal in amount, in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the last clause of the fifth section of said act, which authorizes the person bolding a warrant for the arrest or detention of a fugitive slave, to summon to his aid the posse comitatus, and which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance or danger of resistance or rescue. 4. That the laws for the suppression of the African slavetrade, and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and YEAS-Messrs. Bayard, Bigler, Bragg, Bright, Clingman, ought to be thoroughly executed and all further enact- Crittenden, Douglas, Fitch, Green, Gwin, Hemphill, Hunments necessary to those ends ought to be promptly made. ter, Johnson of Arkansas, Johnson of Tennessee, Kennedy, Lane, Latham, Mason, Nicholson, Pearce, Polk, Powell, Mr. POWELL moved to amend by insert-Pugh, Rice, Siulsbury, Sebastian, and Slidell-27.
January 18th, 1861.-Mr. CAMERON'S motion to reconsider the vote adopting Mr. Clark's amendment, was agreed to: