First Session, Thirty-Eighth Congress.
In House, 1863, Dec. 14.—Mr. Julian, of Indiana, offered this resolution:
Resolved, That the Committee on the Judiciary be instructed to report a bill for a repeal of the third and fourth sections of the “act respecting fugitives from justice and persons escaping from the service of their masters,” approved February 12, 1793, and the act to amend and supplementary to the aforesaid act, approved September 18, 1850.
Mr. Holman moved that the resolution lie upon the table, which was agreed to—yeas 81, nays 73, as follows:
Yeas—Messrs. James C. Allen, William J. Allen, Ancona, Anderson, Baily, Augustus C. Baldwin, Jacob B. Blair, Bliss, Brooks, James S. Brown, William G. Browne, Clay, Cobb, Coffroth, Cox, Cravens, Creswell, Dawson, Demming, Denison, Eden, Edgerton, Eldridge, English, Finck, Ganson, Grider, Griswold, Hall, Harding, Harrington, Benjamin G. Harris, Charles M. Harris, Higby, Holman, Hutchins, William Johnson, Kernan, King, Knapp, Law, Lazear, Le Blond, Long, Mallory, Marcy, Marvin, McBride, McDowell, McKinney, William H. Miller, James R. Morris, Morrison, Nelson, Noble, Odell, John O’Neil, Pendleton, William H. Randall, Robinson, Rogers, James S. Rollins, Ross, Scott, Smith, Smithers, Stebbins, John B. Steele, Stuart, Sweat, Thomas, Voorhees, Wadsworth, Ward, Wheeler, Chilton 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 Clark, 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 Myers, Leonard Myers, Norton, Charles O’Neill, Orth, Patterson, Pike, Pomeroy, Price, Alexander H. Rice, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Spalding, Thayer, Van Valkenburgh, Elihu B. Washburne, William B. Washburn, Whaley, Wilder, Wilson, Windom, Woodbidge—73.
1864, June 6, Mr. Hubbard, of Connecticut, offered this resolution:
Resolved, That the Committee on the Judiciary be instructed to report to this House a bill for the repeal of all acts and parts of acts which provide for the rendition of fugitive slaves, and that they have leave to make such report at any time.
Which went over under the rule. May 30, he had made an ineffectual effort to offer it, Mr. Holman objecting.
REPEALING BILLS.
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 up—yeas 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, Nesmith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey—24.
Nays—Messrs. Anthony, Brown, Clark, Conness, Fessenden, Grimes, Hale, Howard, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Wilkinson, Wilson—17.
Mr. Saulsbury moved to add these sections:
And be it further enacted, That no white inhabitant of the United States shall be arrested, or imprisoned, or held to 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 recognized in the Constitution of the United States, and no 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, or in adhering to the enemies of the United States, giving them aid and comfort, nor aid, abet, procure or advise the same, 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. And any person as aforesaid so arresting, or imprisoning, or holding, as aforesaid, as in this and the second section of this act mentioned, or aiding, abetting, or procuring, or advising the same, shall be deemed guilty of felony, and, upon conviction thereof in any court of competent jurisdiction, shall be imprisoned for a term of not less than one nor more than five years, shall pay a fine of not less than $1,000 nor more than $5000, and shall be forever incapable of holding any office or public trust under the Government of the United States.
Mr. Hale moved to strike out the word “white” wherever it occurs; which was agreed to.
The amendment of Mr. Saulsbury, as amended, was then disagreed to—yeas 9, nays 27, as follows:
Yeas—Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell, Riddle, Saulsbury—9.
Nays—Messrs. Anthony, Clark, Collamer, Conness, Doolittle, Fessenden, Foster, Grimes, Hale, Harris, Howard, Howe, Lane of Indiana, Lane, of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wilkinson, Willey, Wilson—27.
Mr. Conness moved to table the bill; which was disagreed to—yeas 9, (Messrs. Buckalew, Carlile, Conness, Davis, Hendricks, Nesmith, Powell, Riddle, Saulsbury,) nays 31.
It was not again acted upon.
1864, June 13—The House passed this bill, introduced by Mr. Spalding, of Ohio, and reported from the Committee on the Judiciary by Mr. Morris, of New York, as follows:
Be it enacted, etc., that sections three and four of an act entitled “An act respecting fugitives from justice and persons escaping from the service of their masters,” passed February 12, 1793, and an Act entitled “An act to amend, and supplementary to, the act entitled ‘An act respecting fugitives from justice, and persons escaping from their masters,’ passed February 12, 1793,” passed September 18, 1850, be, and the same are hereby, repealed.
Yeas 86, nays 60, as follows:
Yeas—Messrs. Alley, Allison, Ames, Arnold, Ashley, John D. Baldwin, Baxter, Beaman, Blaine, Blair, Blow, Boutwell, Boyd, Brandegee, Broomall, Ambrose W. Clarke, Freeman Clark, Cobb, Cole, Creswell, Henry Winter Davis, Thomas T. Daavis, Dawes, Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Fenton, Frank, Garfield, Gooch, Griswold, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, John K. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Francis W. Kellogg, O. Kellogg, Littlejohn, Loan, Longyear, Marvin, McClurg, McIndoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, Charles O’Neill, Orth, Patterson, Perham, Pike, Price, Alexander H. Rice, John H. Rice, Schenck, Scofield, Shannon, Sloan, Spalding, Starr, Stevens, Thayer, Thomas, Tracy, Upson, Van Valkenburgh, Webster, Whaley, Williams, Wilder, Wilson, Windom, Woodbridge—86.
Nays—Messrs. James C. Allen, William J. Allen, Ancona, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Chanler, Coffroth, Cox, Cravens, Dawson, Denison, Eden, Edgerton, Eldridge, English, Finck, Ganson, Grider, Harding, Harrington, Charles M. Harris, Herrick, Holman, Hutchins, Kalbfleisch, Kernan, King, Knapp, Law, Lazear, Le Blond, Mallory, Marcy, McDowell, McKinney, Wm. H. Miller, James R. Morris, Morrison, Odell, Pendleton, Pruyn, Radford, Robinson, Jas. S. Rollins, Ross, Smithers, John B. Steele, Wm. G. Steele, Stiles, Strouse, Stuart, Sweat, Wadsworth, Ward, Wheeler, Chilton A. White, Joseph W. White, Fernando Wood—60.
June 22—This bill was taken up in the Senate, when Mr. Saulsbury moved this substitute:
That no person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due; and Congress shall pass all necessary and proper laws for the rendition of all such persons who shall so, as aforesaid, escape.
Which was rejected—yeas 9, nays 29, as follows:
Yeas—Messrs. Buckalew, Carlile, Cowan, Davis, McDougall, Powell, Richardson, Riddle, Saulsbury—9.
Nays—Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Foot, Grimes, Hale, Harlan, Harris, Hicks, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wade, Willey—29.
Mr. Johnson, of Maryland, moved an amendment to substitute a clause repealing the act of 1850; which was rejected—yeas 17, nays 22, as follows:
Yeas—Messrs. Buckalew, Carlile, Cowan, Davis, Harris, Hicks, Johnson, Lane of Indiana, McDougall, Powell, Richardson, Riddle, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Willey—17.
Nays—Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Fessenden, Foot, Grimes, Hale, Harlan, Howard, Howe, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Wade, Wilson—22.
The bill then passed—yeas 27, nays 12, as follows:
Yeas—Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Fessenden, Foot, Grimes, Hale, Harlan, Harris, Hicks, Howard, Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten Eyck, Trumbull, Wade, Wilson—27.
Nays—Messrs. Buckalew, Carlile, Cowan, Davis, Johnson, McDougall, Powell, Richardson, Riddle, Saulsbury, Van Winkle, Willey—12.
Abraham Lincoln, President, approved it, June 28, 1864.