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Another random document with
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 Proclamation of Sept. 22, 1862.

I, Abraham Lincoln, President of the United States of America,

and Commander-in-Chief of the army and navy thereof, do hereby
proclaim and declare that hereafter, as heretofore, the war will be
prosecuted for the object of practically restoring the constitutional
relation between the United States and each of the States and the
people thereof, in which States that relation is or may be suspended
or disturbed.
That it is my purpose, upon the next meeting of Congress, to again
recommend the adoption of a practical measure tendering pecuniary
aid to the free acceptance or rejection of all slave States, so called, the
people thereof may not then be in rebellion against the United
States, and which States may then have voluntarily adopted, or
thereafter may voluntarily adopt, immediate or gradual abolishment
of slavery within their respected limits; and that the effort to colonize
persons of African descent with their consent upon this continent or
elsewhere, with the previously obtained consent of the Governments
existing there, will be continued.
That on the first day of January, in the year of our Lord one
thousand eight hundred and sixty-three, all persons held as slaves
within any State or designated part of a State, the people whereof
shall then be in rebellion against the United States, shall be then,
thenceforward, and forever free; and the Executive Government of
the United States, including the military and naval authority thereof,
will recognize and maintain the freedom of such persons, and will do
no act or acts to repress such persons, or any of them, in any efforts
they may make for their actual freedom.
That the Executive will, on the first day of January aforesaid, by
proclamation, designate the States and parts of States, if any, in
which the people thereof respectively, shall then be in rebellion
against the United States; and the fact that any State, or the people
thereof, shall on that day be, in good faith, represented in the
Congress of the United States by members chosen thereto at
elections wherein a majority of the qualified voters of such State shall
have participated, shall, in the absence of strong countervailing
testimony, be deemed conclusive evidence that such State, and the
people thereof, are not in rebellion against the United States.
That attention is hereby called to an act of Congress entitled “An
act to make an additional article of war,” approved March 13, 1862,
and which act is in the words and figures following:
“Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That hereafter the
following shall be promulgated as an additional article of war, for the
government of the army of the United States, and shall be obeyed
and observed as such.
“Article —. All officers or persons in the military or naval service
of the United States are prohibited from employing any of the forces
under their respective commands for the purpose of returning
fugitives from service or labor who may have escaped from any
persons to whom such service or labor is claimed to be due, and any
officer who shall be found guilty by a court-martial of violating this
article shall be dismissed from the service.
“Sec. 2. And be it further enacted, That this act shall take effect
from and after its passage.”
Also to the ninth and tenth sections of an act entitled “An act to
suppress insurrection, to punish treason and rebellion, to seize and
confiscate property of rebels, and for other purposes,” approved July
17, 1862, and which sections are in the words and figures following:
“Sec. 9. And be it further enacted, That all slaves of persons who
shall hereafter be engaged in rebellion against the Government of the
United States or who shall in any way give aid or comfort thereto,
escaping from such persons and taking refuge within the lines of the
army; and all slaves captured from such persons or deserted by
them, and coming under the control of the Government of the United
States; and all slaves of such persons found on [or] being within any
place occupied by rebel forces and afterwards occupied by the forces
of the United States, shall be deemed captives of war, and shall be
forever free of their servitude, and not again held as slaves.
 “Sec. 10. And be it further enacted, That no slave escaping into any
State, Territory, or the District of Columbia, from any other State,
shall be delivered up, or in any way impeded or hindered of his
liberty, except for crime, or some offence against the laws, unless the
person claiming said fugitive shall first make oath that the person to
whom the labor or service of such fugitive is alleged to be due is his
lawful owner, and has not borne arms against the United States in
the present rebellion, nor in any way given aid and comfort thereto;
and no person engaged in the military or naval service of the United
States shall, under any pretence whatever, assume to decide on the
validity of the claim of any person to the service or labor of any other
person, or surrender up any such person to the claimant, on pain of
being dismissed from the service.”
And I do hereby enjoin upon and order all persons engaged in the
military and naval service of the United States to observe, obey, and
enforce, within their respective spheres of service, the act and
sections above recited.
And the Executive will in due time recommend that all citizens of
the United States who shall have remained loyal thereto throughout
the rebellion shall (upon the restoration of the constitutional relation
between the United States and their respective States and people, if
that relation shall have been suspended or disturbed) be
compensated for all losses by acts of the United States, including the
loss of slaves.
In witness whereof, I have hereunto set my hand, and caused the
seal of the United States to be affixed.
Done at the city of Washington this twenty-second day of
September, in the year of our Lord one thousand eight hundred and
sixty-two, and of the Independence of the United States the eighty-
seventh.
 ABRAHAM LINCOLN.

By the President:

William H. Seward, Secretary of State.

 Proclamation of January 1, 1863.

Whereas, on the twenty-second day of September, in the year of

our Lord one thousand eight hundred and sixty-two, a proclamation
was issued by the President of the United States, containing among
other things, the following, to wit:
“That on the first day of January, in the year of our Lord one
thousand eight hundred and sixty-three, all persons held as slaves
within any State or designated part of a State, the people whereof
shall then be in rebellion against the United States, shall be then,
thenceforward, and forever, free; and the Executive Government of
the United States, including the military and naval authority thereof,
will recognize and maintain the freedom of such persons, and will do
no act or acts to repress such persons, or any of them, in any efforts
they may make for their actual freedom.
“That the Executive will, on the first day of January aforesaid, by
proclamation, designate the States and parts of States, if any, in
which the people thereof, respectively, shall then be in rebellion
against the United States; and the fact that any State, or the people
thereof, shall on that day be in good faith represented in the
Congress of the United States, by members chosen thereto at
elections wherein a majority of the qualified voters of such States
shall have participated, shall, in the absence of strong countervailing
testimony, be deemed conclusive evidence that such State, and the
people thereof, are then in rebellion against the United States.”
Now, therefore, I, Abraham Lincoln, President of the United
States, by virtue of the power in me vested as Commander-in-Chief
of the Army and Navy of the United States, in time of actual armed
rebellion against the authority and Government of the United States,
and as a fit and necessary war measure for suppressing said
rebellion, do, on this first day of January, in the year of our Lord one
thousand eight hundred and sixty-three, and in accordance with my
purpose so to do, publicly proclaimed for the full period of one
hundred days from the day first above mentioned, order and
designate as the States and parts of States wherein the people
thereof, respectively, are this day in rebellion against the United
States, the following, to wit:
Arkansas, Texas, Louisiana, (except the parishes of St. Bernard,
Plaquemines, Jefferson, St. John, St. Charles, St. James, Ascension,
Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin, and
Orleans, including the city of New Orleans,) Mississippi, Alabama,
Florida, Georgia, South Carolina, North Carolina, and Virginia,
(except the forty-eight counties designated as West Virginia, and also
the counties of Berkeley, Accomac, Northampton, Elizabeth City,
York, Princess Ann, and Norfolk, including the cities of Norfolk and
Portsmouth,) and which excepted parts are for the present left
precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose aforesaid, I do
order and declare that all persons held as slaves within said
designated States and parts of States are, and henceforward shall be,
free; and that the Executive Government of the United States,
including the military and naval authorities thereof, will recognize
and maintain the freedom of said persons.
And I hereby enjoin upon the people so declared to be free to
abstain from all violence, unless in necessary self-defence; and I
recommend to them that, in all cases when allowed, they labor
faithfully for reasonable wages.
And I further declare and make known that such persons, of
suitable condition, will be received into the armed service of the
United States to garrison forts, positions, stations, and other places,
and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice,
warranted by the Constitution upon military necessity, I invoke the
considerate judgment of mankind and the gracious favor of Almighty
God.
In witness whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the city of Washington this first day of January, in the year
of our Lord one thousand eight hundred and sixty-three, and of the
independence of the United States of America the eighty-seventh.

Abraham Lincoln.

By the President:
William H. Seward,
Secretary of State.

These proclamations were followed by many attempts on the part

of the Democrats to declare them null and void, but all such were
tabled. The House on the 15th of December, 1862, endorsed the first
by a vote of 78 to 51, almost a strict party vote. Two classed as
Democrats, voted for emancipation—Haight and Noell; seven classed
as Republicans, voted against it—Granger, Harrison, Leary,
Maynard, Benj. F. Thomas, Francis Thomas, and Whaley.
Just previous to the issuance of the first proclamation a meeting of
the Governors of the Northern States had been called to consider
how best their States could aid the general conduct of the war. Some
of them had conferred with the President, and while that meeting
and the date of the emancipation proclamation are the same, it was
publicly denied on the floor of Congress by Mr. Boutwell (June 25,
1864,) that the proclamation was the result of that meeting of the
Governors. That they fully endorsed and knew of it, however, is
shown by the following
 Address of loyal Governors to the President.

Adopted at a meeting of Governors of loyal States, held to take

measures for the more active support of the Government, at
Altoona, Pennsylvania, on the 22d day of September, 1862.
After nearly one year and a half spent in contest with an armed
and gigantic rebellion against the national Government of the United
States, the duty and purpose of the loyal States and people continue,
and must always remain as they were at its origin—namely, to restore
and perpetuate the authority of this Government and the life of the
nation. No matter what consequences are involved in our fidelity,
this work of restoring the Republic, preserving the institutions of
democratic liberty, and justifying the hopes and toils of our fathers
shall not fail to be performed.
And we pledge without hesitation, to the President of the United
States, the most loyal and cordial support, hereafter as heretofore, in
the exercise of the functions of his great office. We recognize in him
the Chief Executive Magistrate of the nation, the Commander-in-
chief of the Army and Navy of the United States, their responsible
and constitutional head, whose rightful authority and power, as well
as the constitutional powers of Congress, must be rigorously and
religiously guarded and preserved, as the condition on which alone
our form of Government and the constitutional rights and liberties of
the people themselves can be saved from the wreck of anarchy or
from the gulf of despotism.
In submission to the laws which may have been or which may be
duly enacted, and to the lawful orders of the President, co-operating
always in our own spheres with the national Government, we mean
to continue in the most vigorous exercise of all our lawful and proper
powers, contending against treason, rebellion, and the public
enemies, and, whether in public life or in private station, supporting
the arms of the Union, until its cause shall conquer, until final
victory shall perch upon its standard, or the rebel foe shall yield a
dutiful, rightful, and unconditional submission.
And, impressed with the conviction that an army of reserve ought,
until the war shall end, to be constantly kept on foot, to be raised,
armed, equipped, and trained at home, and ready for emergencies,
we respectfully ask the President to call for such a force of volunteers
for one year’s service, of not less than one hundred thousand in the
aggregate, the quota of each State to be raised after it shall have filled
its quota of the requisitions already made, both for volunteers and
militia. We believe that this would be a measure of military
prudence, while it would greatly promote the military education of
the people.
We hail with heartfelt gratitude and encouraged hope the
proclamation of the President, issued on the 22d instant, declaring
emancipated from their bondage all persons held to service or labor
as slaves in the rebel States, whose rebellion shall last until the first
day of January now next ensuing. The right of any person to retain
authority to compel any portion of the subjects of the national
Government to rebel against it, or to maintain its enemies, implies in
those who are allowed possession of such authority the right to rebel
themselves; and therefore the right to establish martial law or
military government in a State or territory in rebellion implies the
right and the duty of the Government to liberate the minds of all men
living therein by appropriate proclamations and assurances of
protection, in order that all who are capable, intellectually and
morally, of loyalty and obedience, may not be forced into treason as
the unwilling tools of rebellious traitors. To have continued
indefinitely the most efficient cause, support, and stay of the
rebellion, would have been, in our judgment, unjust to the loyal
people whose treasure and lives are made a willing sacrifice on the
altar of patriotism—would have discriminated against the wife who is
compelled to surrender her husband, against the parent who is to
surrender his child to the hardships of the camp and the perils of
battle, in favor of rebel masters permitted to retain their slaves. It
would have been a final decision alike against humanity, justice, the
rights and dignity of the Government, and against sound and wise
national policy. The decision of the President to strike at the root of
the rebellion will lend new vigor to the efforts and new life and hope
to the hearts of the people. Cordially tendering to the President our
respectful assurance of personal and official confidence, we trust and
believe that the policy now inaugurated will be crowned with success,
will give speedy and triumphant victories over our enemies, and
secure to this nation and this people the blessing and favor of
Almighty God. We believe that the blood of the heroes who have
already fallen, and those who may yet give their lives to their
country, will not have been shed in vain.
The splendid valor of our soldiers, their patient endurance, their
manly patriotism, and their devotion to duty, demand from us and
from all their countrymen the homage of the sincerest gratitude and
the pledge of our constant reinforcement and support. A just regard
for these brave men, whom we have contributed to place in the field,
and for the importance of the duties which may lawfully pertain to us
hereafter, has called us into friendly conference. And now,
presenting to our national Chief Magistrate this conclusion of our
deliberations, we devote ourselves to our country’s service, and we
will surround the President with our constant support, trusting that
the fidelity and zeal of the loyal States and people will always assure
him that he will be constantly maintained in pursuing with the
utmost vigor this war for the preservation of the national life and the
hope of humanity.

A. G. Curtin,
John A. Andrew,
Richard Yates,
Israel Washburne, Jr.,
Edward Solomon,
Samuel J. Kirkwood,
O. P. Morton,
By D. G. Rose, his representative,
Wm. Sprague,
F. H. Peirpoint,
David Tod,
N. S. Berry,
Austin Blair.
 Repeal of the Fugitive Slave Law.

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:—
 [22]
Second Session, Thirty-Seventh Congress.

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.
Mr. Holman moved to table the resolution, which was disagreed to
—yeas 39, nays 78, as follows:
Yeas—Messrs. Ancona, Joseph Baily, Biddle, George H. Browne,
Cobb, Cooper, Cox, Cravens, Crittenden, Dunlap, English, Fouke,
Grider, Harding, Holman, Johnson, Law, Lazear, Leary, Lehman,
Mallory, Morris, Noble, Noell, Norton, Nugen, Odell, Pendleton,
Robinson, Shiel, John B. Steele, William G. Steele, Vallandigham,
Wadsworth, Webster, Chilton A. White, Wickliffe, Woodruff, Wright
—39.
Nays—Messrs. Aldrich, Alley, Arnold, Babbitt, Baker, Baxter,
Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake,
Buffinton, Burnham, Chamberlain, Clark, Colfax, Frederick A.
Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell,
Edwards, Eliot, Fessenden, Franchot, Frank, Gooch, Goodwin,
Gurley, Hale, Hanchett, Harrison, Hooper, Hutchins, Julian, William
Kellogg, Lansing, Loomis, Lovejoy, McKnight, McPherson, Marston,
Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Patton,
Pike, Pomeroy, Porter, John H. Rice, Riddle, Edward H. Rollins,
Sargent, Sedgwick, Shanks. Shellabarger, Sherman, Sloan,
Spaulding, Stevens, Benjamin F. Thomas, Train, Vandever, Wall,
Wallace, Walton, Washburne, Wheeler, Whaley, Albert S. White,
Wilson, Windom, Worcester—78.
The resolution was then adopted—yeas 78, nays 39.
1862, June 9—Mr. Julian, of Indiana, introduced into the House a
resolution instructing the Judiciary Committee to report a bill for the
purpose of repealing the fugitive slave law; which was tabled—yeas
66, nays 51, as follows:
Yeas—Messrs. William J. Allen, Ancona, Baily, Biddle, Francis P.
Blair, Jacob B. Blair, George H. Browne, William G. Brown,
Burnham, Calvert, Casey, Clements, Cobb, Corning, Crittenden,
Delano, Diven, Granger, Grider, Haight, Hale, Harding, Holman,
Johnson, William Kellogg, Kerrigan, Knapp, Lazear, Low, Maynard,
Menzies, Moorhead, Morris, Noble, Noell, Norton, Odell, Pendleton,
John S. Phelps, Timothy G. Phelps, Porter, Richardson, Robinson,
James S. Rollins, Sargent, Segar, Sheffield, Shiel, Smith, John B.
Steele, William G. Steele, Benjamin F. Thomas, Francis Thomas,
Trimble, Vallandigham, Verree, Vibbard, Voorhees, Wadsworth,
Webster, Chilton A. White, Wickliffe, Wood, Woodruff, Worcester,
Wright—66.
Nays—Messrs. Aldrich, Alley, Baker, Baxter, Beaman, Bingham,
Blake, Buffinton, Chamberlain, Colfax, Frederick A. Conkling, Davis,
Dawes, Edgerton, Edwards, Eliot, Ely, Franchot, Gooch, Goodwin,
Hanchett, Hutchins, Julian, Kelley, Francis W. Kellogg, Lansing,
Lovejoy, McKnight, McPherson, Mitchell, Anson P. Morrill, Pike,
Pomeroy, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward
H. Rollins, Shellabarger, Sloan, Spaulding, Stevens, Train,
Trowbridge, Van Horn, Van Valkenburgh, Wall, Wallace,
Washburne, Albert S. White, Windom—51.
Same day—Mr. Colfax, of Indiana, offered this resolution:
Resolved, That the Committee on the Judiciary be instructed to
report a bill modifying the fugitive slave law so as to require a jury
trial in all cases where the person claimed denies under oath that he
is a slave, and also requiring any claimant under such act to prove
that he has been loyal to the Government during the present
rebellion.
Which was agreed to—yeas 77, nays 43, as follows:
Yeas—Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker,
Baxter, Beaman, Bingham, Francis P. Blair, Blake, Buffinton,
Burnham, Chamberlain, Colfax, Frederick A. Conkling, Davis,
Dawes, Delano, Diven, Edgerton, Edwards, Eliot, Ely, Franchot,
Gooch, Goodwin, Granger, Gurley, Haight, Hale, Hanchett,
Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg,
Lansing, Loomis, Lovejoy, Lowe, McKnight, McPherson, Mitchell,
Anson P. Morrill, Justin S. Morrill, Nixon, Timothy G. Phelps, Pike,
Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle,
Edward H. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sloan,
Spaulding, Stevens, Stratton, Benjamin F. Thomas, Train, Trimble,
Trowbridge, Van Valkenburgh, Verree, Wall, Wallace, Washburne,
Albert, S. White, Wilson, Windom, Worcester—77.
Nays—Messrs. William J. Allen, Ancona, Baily, Biddle, Jacob B.
Blair, William G. Brown, Calvert, Casey, Clements, Cobb, Corning,
Crittenden, Fouke, Grider, Harding, Holman, Johnson, Knapp,
Maynard, Menzies, Noble, Noell, Norton, Pendleton, John S. Phelps,
Richardson, Robinson, James S. Rollins, Segar, Shiel, Smith, John B.
Steele, William G. Steele, Francis Thomas, Vallandigham, Vibbard,
Voorhees, Wadsworth, Webster, Chilton A. White, Wickliffe, Wood,
Wright—43.
 Third Session, Thirty-Seventh Congress.

In Senate, 1863, February 11—Mr. Ten Eyck, from the Committee

on the Judiciary, to whom was referred a bill, introduced by Senator
Howe, in second session, December 26, 1861, to repeal the fugitive
slave act of 1850, reported it back without amendment, and with a
recommendation that it do not pass.
 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,