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CHAPTER XIV.

REPEAL OF FUGITIVE-SLAVE LAWS.

MR. HOWE'S BILL.MR. WILMOT'S BILL. - MR. WILSON'S BILL. — MR. STE-
VENS'S BILL. MR. ASHLEY'S BILL. MR. JULIAN'S BILL. SPECIAL
COMMITTEE ON SLAVERY.-MR. SUMNER'S BILL AND REPORT. — MR.
FOSTER'S SPEECH. MR. SHERMAN'S AMENDMENT. MR. JOHNSON'S
SPEECH. MR. SUMNER'S SPEECH. - MR. SAULSBURY'S AMENDMENT.
- MR. BROWN'S SPEECH. - MR. HOWARD'S AMENDMENT. — REMARKS
OF MR. CONNESS. MR. MORRIS'S BILL. REMARKS OF MR. MALLORY.—
MR. MORRIS. MR. WILSON. MR. PENDLETON. MR. KING. MR. Cox.
— MR. HUBBARD. — MR. FARNSWORTH. — PASSAGE OF MR. MORRIS'S BILL
IN THE HOUSE. MR. MORRIS'S BILL REPORTED BY MR SUMNER.
MR. SAULSBURY'S AMENDMENT. — MR. JOHNSON'S AMENDMENT. PAS-
SAGE OF THE BILL.

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N the Senate, on the 26th of December, 1861, Mr. to

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repeal the Fugitive-slave Act of 1850. In presenting the bill, Mr. Howe declared that "the act has had its day. As a party act, it has done its work. It has probably done as much mischief as any other one act that was ever passed by the National Legislature. am not sure but it has done as much mischief as all the acts ever passed by the National Legislature since the adoption of the Federal Constitution." The bill was read twice, referred to the Committee on the Judiciary, and reported back adversely by Mr. Ten Eyck (Rep.) of New Jersey, on the 11th of February, 1863.

On the 23d of May, 1862, Mr. Wilmot (Rep.) of Pennsylvania introduced a bill requiring an oath of allegiance in certain cases and for other purposes. The

bill provided, that before any person owing service shall be delivered up, and before any process shall be hereafter issued for the arrest of any fugitive from service, the person so claiming such service shall solemnly swear that he will support and defend the Constitution and Government of the United States against all enemies, domestic or foreign; and that he has not, by word or deed, given aid, comfort, or encouragement to the Rebellion; that, in all cases of arrest of persons claimed as fugitives from service, it shall be the duty of the officer before whom such fugitive shall be taken to summon before him such witnesses as the fugitive shall, on oath, declare to be material to disprove any of the allegations of the claimant, or to establish his freedom; and, in the examination and trial of such cases, no witness shall be excluded on account of color. Mr. Wilmot's bill was read twice, referred to the Committee on the District of Columbia, and reported back on the 27th of May by Mr. Wade (Rep.) of Ohio without amend

ment.

On the 24th of May, 1862, Mr. Wilson (Rep.) of Massachusetts introduced a bill to amend the Fugitiveslave Act of 1850. The bill secured to persons claimed as fugitives from service or labor in one State a right to a trial by jury in the District Court of the United States for the district in which they may be; the proceedings to be the same as on an indictment, subject to a writ of error from the Circuit Court and from the Supreme Court, as provided in the Judiciary Act of 1789. It gave to such persons held for trial the right to bail before and pending the trial. It required that the person claiming the service of any fugitive should prove

that he was loyal to the Government, and had not in any manner aided the Rebellion; and it repealed sections six, seven, eight, nine, and ten, and part of section five, of the act of Sept. 18, 1850. Mr. Wilson, on the 10th of June, moved to take up the bill for consideration. Mr. Powell (Dem.) of Kentucky demanded the yeas and nays; and they were ordered, yeas 25, nays 10. So the motion was agreed to; and the Senate proceeded to its consideration. Mr. Trumbull (Rep.) of Illinois, remarking that the bill was a long one, and the hour was late, moved an adjournment; which was carried.

In the House of Representatives, after the announcement of the standing committees of the Thirty-eighth Congress, on the 14th of December, 1863, the Speaker stated that the first business in order was the call of the States for bills and joint resolutions. Mr. Stevens (Rep.) of Pennsylvania introduced a bill to repeal the Fugitive-slave Act, approved Feb. 12, 1793, and the act amendatory thereto, approved Sept. 18, 1850; Mr. Ashley (Rep.) of Ohio introduced a bill to repeal the Fugitive-slave Act of 1850, and all acts and parts of acts for the rendition of fugitive slaves; Mr. Julian (Rep.) of Indiana introduced a bill to repeal the third and fourth sections of the act respecting fugitives from justice, and persons escaping from the service of their masters, approved Feb. 12, 1793, and the act to amend and supplementary to the aforesaid act, approved Sept. 18, 1850; and these bills were referred to the Judiciary Committee. On the same day, Mr. Julian submitted a resolution, instructing the Judiciary Committee to report a bill to repeal the third and fourth sections of an

act respecting fugitives from justice and persons escaping from the service of their masters, approved Feb. 12, 1793; and the act to amend and supplementary to the aforesaid act, approved Sept. 18, 1850. Mr. Holman (Dem.) of Indiana moved to lay the resolution on the table, and demanded the yeas and nays, yeas 82, nays 73.

In the Senate, on the 13th of January, 1864, Mr. Sumner moved that a select committee of seven be appointed to take into consideration all propositions concerning slavery and the treatment of freedmen. The resolution was agreed to; and the Vice-President appointed Mr. Sumner (Rep.) of Massachusetts, Mr. Howard (Rep.) of Michigan, Mr. Carlile (Dem.) of Virginia, Mr. Pomeroy (Rep.) of Kansas, Mr. Buckalew (Dem.) of Pennsylvania, Mr. Brown (Rep.) of Missouri, and Mr. Conness (Union) of California. Mr. Sumner, Mr. Howard, Mr. Pomeroy, and Mr. Brown, are recognized as thorough, earnest, radical antislavery men; Mr. Carlile is a proslavery man from conviction; Mr. Buckalew is a fair representative of the sentiments, opinions, and policy of the leaders of the Northern Democracy; Mr. Conness, though trained in the faith of the Democratic party, is an earnest and uncompromising opponent of slavery and its champions in every form.

On the 8th of February, Mr. Sumner asked and obtained leave to introduce a bill to repeal all laws for the rendition of fugitive slaves; which was read twice by its title, and referred to the Select Committee on Slavery and Freedmen. Mr. Sumner, on the 29th of February, from the Select Committee on

Slavery, reported a bill, accompanied by a report, for the repeal of all acts, and parts of acts, requiring the rendition of fugitive slaves. The bill was read twice, and the report ordered to be printed. Mr. Sumner stated that the minority of the committee desired to present their views in the form of a minority report. Mr. Conness moved to print ten thousand extra copies of the report. Mr. Buckalew, on the 1st of March, asked leave of the Senate to present a report from the minority of the Committee on the Repeal of the Fugitive-slave Acts; and the report was received; and, on motion of Mr. Powell, it was ordered to be printed. He also moved to print ten thousand extra copies of the report; and the motion was referred to the Committee on Printing. Mr. Sumner's report in support of the bill was lengthy, elaborate, and exhaustive. The legal, political, and moral aspects of the question were fully presented. Mr. Buckalew's report discussed, the questions involved in the light of the legislation and judicial decisions of the Government, and the avowals of the public men of the past.

On the 7th of March, Mr. Sumner asked the Senate to take up the bill, with a view to make it the special order for a future day. His motion was agreed to; and he moved to make it the special order for the 9th of March, and it was carried. On Wednesday, the 9th, Mr. Sumner called for the special order. Mr. Davis of Kentucky expressed a desire to debate the bill; and on motion of Mr. Sumner, at the suggestion of Mr. Hendricks, it was postponed to Wednesday, the 16th, and made the special order for one o'clock. On the 19th, Mr. Sumner moved that the Senate proceed to the con

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