Page images
PDF
EPUB
[ocr errors]

to be given at this time. What I want to do is to put upon the statute-book of this country a prohibition to the officers of the army of the United States from arresting, detaining, and delivering up persons claimed as fugitives by the use of military power. There is no law for it. They have acted in violation of law. Some of these officers have dishonored the profession, and disgraced the country: and I mean, if God is willing and I have the power, to reject their confirmation here for that reason; and I give them the notice now." Mr. Pearce (Dem.) of Maryland said, "The senator from Massachusetts objects to a proposition which forbids officers and soldiers of the army from enticing, harboring, or preventing the recovery that is the amount of it—of a fugitive slave, known to be such, upon the application of his master, known to be his lawful owner, according to the laws of the State in which he lives. What is the effect of that? It is an invitation to all the slaves of the State of Maryland, who can do so, to resort to the camp, sure of protection there, first, because no officer of the army can order their delivery up to their master, however loyal or however indisputable his title may be to that slave. It is an invitation, therefore, to all such people to resort to the lines of the army as a harbor of refuge, a place of asylum, a spot where they can be safe from the operation of the undoubted legal rights of the owner. That is the effect of it; and that is an invitation to the whole body of such people, within the loyal State of Maryland, to accomplish their freedom by indirection. It is not an act of emancipation in its terms; but so far as it can operate, and does operate, it leads directly

to that result." The bill was then reported to the Senate; and, pending the question of concurring in Mr. Collamer's amendment, the Chair announced the special order of the day.

In the House, Mr. Blair (Rep.) of Missouri, on the 25th of February, reported from the Committee on Military Affairs a bill to make an additional article of war. The bill provided, 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: "All officers 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. Any officer who shall be found guilty by court-martial of violating this article shall be dismissed from the service." Mr. Bingham (Rep.) of Ohio moved to add, after the word "officers," the words or persons in the military and naval service of the United States;" and the amendment was agreed to. "You," said Mr. Mallory (Dem.) of Kentucky, "are deciding, by this article of war, that the President of the United States shall not be permitted to send a military force into a State to aid the authorities of that State in enforcing a national law which stands on your statute-book. I ask the gentleman from Missouri whether it is the fixed determination to repeal the Fugitive-slave Law."-"I do not propose," replied Mr. Blair, "to decide the question the gentleman has raised, as to whether this bill, if it becomes a law, will repeal the Fugitive-slave Law or not. I believe, in common with a

[ocr errors]

Mr. Blair would yield the purpose indicated.

great many others, that the army of the United States has a great deal better business than returning fugitive slaves." Mr. Mallory wished to postpone the bill to the third Wednesday in March. Mr. Lovejoy objected to Mr. Blair yielding the floor. the floor to Mr. Mallory for Mr. Bingham hoped Mr. Blair would not yield the floor to allow this bill to be postponed to the end of March. He denounced the practice of arresting and returning fugitive slaves by officers of the army, as "a military despotism that the American people should not tolerate for a moment, nor lose a moment in ending it by the enactment of this bill into a law. I say, that a military officer who assumes, wrongfully assumes, to exercise the functions of civil magistracy, and undertakes to sit upon the right of any human being, born within the limits of this Republic, to the possession of his own person and his own soul, and against whom no offence is charged, is worse than a kidnapper. He has no right to do it; and, by so doing, commits a crime, a great crime. Some of your military officers of high and low degree have been detailing their men for the purpose of seizing, and have seized, persons not accused of crime, but suspected of the virtue of preferring liberty to bondage. Are we to revive here, in this land, the hated rule of the Athenian ostracism, by which men were condemned, not because they were charged with crime or proved guilty of crime, but because they were suspected to possess and practise the virtues of justice and patriotism in such degree as rendered their presence in the State dangerous to republican equality? Aristides was condemned because

[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed]

(Dem.) of Kentucky," that, within three counties in my district, the rebel army have impressed and run off slaves to the value of about three hundred thousand dollars. Now, sir, does this article of war propose that these servants shall not be returned, and shall not be intercepted?" Mr. Vallandigham (Dem.) of Ohio moved to lay the bill on the table; upon which Mr. Bingham demanded the yeas and nays,-yeas 44, nays 87. Mr. Blair demanded the previous question upon the bill and amendment; and it was ordered. He did not wish to press the bill to a vote to-night, and moved an adjournment; but the motion was lost,ayes 59, nays 61. The question was taken on the passage of the bill, passed the House.

yeas 83, nays 42. So the bill

In the Senate, on the 4th of March, Mr. Wilson reported back from the Military Committee, without amendment, the House bill providing for the promulgation of an additional article of war, forbidding officers or persons in the military and naval service, on pain of dismissal from the service, to arrest or return fugitive slaves. Mr. Davis (Opp.) of Kentucky would like to offer an amendment, and desired that the bill should go over until to-morrow. Mr. Wilson would, with the understanding that we take up the bill and act on it to-morrow, withdraw his motion to proceed to its consideration; and the proposition was assented to.

On the 10th of March, Mr. Wilson moved to take up the bill from the House of Representatives to make an additional article of war. The motion was agreed to, and the consideration of the bill was resumed as in Committee of the Whole. "I move to amend the bill,"

« PreviousContinue »