The first fugitive slave law passed was that of February 12th, 1793, the second and last that of September 18th, 1850. Various efforts had been made to repeal the latter before the war of the rebellion, without a prospect of success. The situation was now different. The war spirit was high, and both Houses of Congress were in the hands of the Republicans as early as December, 1861, but all of them were not then ready to vote for repeal, while the Democrats were at first solidly against it. The bill had passed the Senate in 1850 by 27 yeas to 12 nays; the House by 109 yeas to 76 nays, and yet as late as 1861 such was still the desire of many not to offend the political prejudices of the Border States and of Democrats whose aid was counted upon in the war, that sufficient votes could not be had until June, 1864, to pass the repealing bill. Republican sentiment advanced very slowly in the early years of the war, when the struggle looked doubtful and when there was a strong desire to hold for the Union every man and county not irrevocably against it; when success could be foreseen the advances were more rapid, but never as rapid as the more radical leaders desired. The record of Congress in the repeal of the Fugitive Slave Law will illustrate this political fact, in itself worthy of grave study by the politician and statesman, and therefore we give it as compiled by McPherson:—
Second Session, Thirty-Seventh Congress.[[22]]
In Senate, 1861, December 26—Mr. Howe, of Wisconsin, introduced a bill to repeal the fugitive slave law; which was referred to the Committee on the Judiciary.
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.[[23]]
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 him to the claimant. The bill was not further considered.
In House, 1861, December 20—Mr. Julian offered this resolution:
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.