Mr. Saulsbury moved an amendment of two sections concerning arrests without due process of law,—Yeas 9, Nays 27. Mr. Conness, of California, then said: “I do not wish to cast a vote for this measure in its present shape. I had intended, before the debate closed, if it was debated, to say something on the subject. I do not design that now; and as the Senate have seen fit to amend the bill, I cannot vote for it. At present, therefore, I move that it lie on the table.” Mr. Sumner hoped the Senator would “withdraw that motion.” Mr. Conness: “For what reason?” Mr. Sumner: “For the reason that we get something by this bill.” The motion to lay on the table was lost,—Yeas 9, Nays 31. The Democrats, and Mr. Conness, voted in the affirmative.
April 20th, the Senate proceeded with the bill, when Mr. Foster, of Connecticut, made an elaborate speech, especially vindicating the Act of 1793, in the course of which he was frequently interrupted by Mr. Sumner in answer to points of the argument. He was followed by Mr. Gratz Brown, of Missouri, who concluded by saying: “I cannot support this bill as it has been amended. I cannot support any bill that recognizes as right and proper any Fugitive Slave Act; and I shall therefore refuse to give it my sanction, if it comes to a vote upon the final passage in its present shape.”
April 21st, Mr. Van Winkle, of West Virginia, seized the opportunity to speak at length on the question of the war. Mr. Howard, of Michigan, moved an amendment at the end of the bill:—
“But no person found in any Territory of the United States, or in the District of Columbia, shall be deemed to have been held to labor or service, or to be a slave; nor shall he or she be removed under said Act of 1793; and the fourth section of said Act is hereby repealed.”
Mr. Doolittle, of Wisconsin, moved an executive session. Mr. Sumner suggested that it should be an hour later. Mr. Brown thought the bill could not be finished that evening. Mr. Fessenden did not like to interfere with this bill, but he must give notice, that, if the bill were not disposed of that afternoon, or by one o’clock the next day, he must then move to go on with the Army Appropriation Bill. Mr. Sumner hoped “we might go on for at least another hour.” Mr. Conness “did not understand the anxiety of his honorable friend from Massachusetts in pressing this bill in its present condition.” Mr. Pomeroy hoped Mr. Sumner would let the bill go over; there were half a dozen amendments to be proposed. Mr. Sumner replied: “Very well; if the friends of the measure request that it shall not be pressed to-day, I will not throw myself in their way.” Accordingly, on the motion of Mr. Conness, it was postponed to April 27th, and made the special order at one o’clock; but it was then superseded by the unfinished business of the day preceding, being the National Currency. With the amendment fastened upon his bill, keeping alive the Act of 1793, Mr. Sumner was not encouraged to press it, and he waited the action of the House of Representatives.
June 6th, in the House of Representatives, Mr. Morris, of New York, reported from the Committee on the Judiciary a bill in the following terms.
“An Act to repeal the Fugitive Slave Act of eighteen hundred and fifty, and all Acts and Parts of Acts for the Rendition of Fugitive Slaves.
“Be it enacted by the Senate and House of Representatives in Congress assembled, 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 twelve, seventeen hundred and ninety-three, and an Act entitled ‘An Act to amend, and supplementary to, the Act entitled “An Act respecting fugitives from justice and persons escaping from the service of their masters,” passed February twelve, seventeen hundred and ninety-three,’ passed September, eighteen hundred and fifty, be, and the same are, hereby repealed.”