:

out exciting great apprehension and aların in the Slave States. If the power were exercised within this District, they would apprehend that, under some pretext or another, it might hereafter be attempted to be exercised within the slaveholding States. It is true that, at present, all such power within those States is almost unanimously disavowed and disclaimed in the Free States. But, experience in public affairs has too often shown that where there is a desire to do a particular thing, the power to accomplish it, sooner or later, will be found or assumed.

name of a popular and cherished institution-an | likely to be agreed to. It could not be done with institution, however, never applied in cases of preliminary proceeding, and only in cases of final trial-there would be a complete mockery of justice, so far as the owner of the fugitive is concerned. If the trial by jury be admitted, it would draw after it its usual consequences; of continuance from time to time, to bring evidence from distant places; of second or new trials, in cases where the jury is hung, or the verdict is set aside; and of revisals of the verdict and conduct of the juries by competent tribunals. During the progress of all these dilatory and expensive proceedings, what security is there as to the Nor does the number of Slaves within the Discustody and forthcoming of the fugitive upon | trict make the abolition of Slavery an object of their termination? And if, finally, the claimant any such consequence as appears to be attached should be successful, contrary to what happens to it in some parts of the Union. Since the retroin ordinary litigation between free persons, he cession of Alexandria county to Virginia on the would have to bear all the burdens and expenses south side of the Potomac, the District now conof the litigation, without indemnity, and would sists only of Washington county on the north learn, by sad experience, that he had by far bet-side of that river; and the returns of the decenter abandon his right in the first instance, than nary enumeration of the people of the United to establish it at such unremunerated cost and States show a rapidly progressing decrease in heavy sacrifice. the number of slaves in Washington county. But, whilst the Committee conceive that a trial According to the census of 1830, the number was by jury in a State where a fugitive from service 4,505; and in 1840, it was reduced to 3,320; showor labor is recaptured, would be a virtual denial ing a reduction in ten years of nearly one-third. of justice to the claimant of such fugitive, and If it should continue in the same ratio, the numwould be tantamount to a positive refusal to exe-ber, according to the census now about to be cute the provision of the Constitution, the same taken, will be only a little upward of two thouobjections do not apply to such a trial in the State sand. from which he fled. In the slaveholding States, full justice is administered, with entire fairness and impartiality, in cases of all actions for freedom. The person claiming his freedom is allowed to sue in forma pauperis; counsel is assigned him; time is allowed him to collect his witnesses and to attend the sessions of the court; and his claimant is placed under bond and security, or is divested of the possession during the progress of the trial, to insure the enjoyment of these privileges; and, if there be any leaning on the part of courts and juries, it is always to the side of the claimant for freedom.

:

In deference to the feelings and prejudices which prevail in non-slaveholding States, the Committee propose such a trial in the State from which the fugitive fled, in all cases where he declares to the officer giving the certificate for his return that he has a right to his freedom. Accordingly, the Committee have prepared, and report herewith, (marked C), two sections which they recommend should be incorporated in the fugitive bill, pending in the Senate. According to these sections, the claimant is placed under bond, and required to return the fugitive to that county in the State from which he fled, and there to take him before a competent tribunal, and allow him to assert and establish his freedom, if he can, affording to him for that purpose all rjeedful facilities.

.

But a majority of the Committee think differently in regard to the Slave-Trade within the District. By that trade is meant the introduction of slaves from adjacent States into the District, for sale, or to be placed in dépôt for the purpose of subsequent sale or transportation to other and distant markets. That trade, a majority of the Cominittee are of opinion, ought to be abolished. Complaints have always existed against it, no less on the part of members of Congress from the South than on the part of members from the North. It is a trade sometimes exhibiting revolting spectacles, and one in which the people of the District have no interest, but, on the contrary, are believed to be desirous that it should be discontinued. Most, if not all, of the slaveholding States have, either in their constitutions or by penal enactments, prohibited a trade in slaves as merchandise within their respective jurisdictions. Congress, standing in regard to this District, on this subject, in a relation similar to that of the State Legislatures, to the people of the States, may safely follow the example of the States. The Committee have propared, and herewith report, a bill for the aboli tion of that trade (marked D), the passage of which they recommend to the Senate. This bill has been framed after the model of what the law of Maryland was when the General Government was removed to Washington.

The Committee indulge the hope that if the The views and recominendations contained in Fugitive bill, with the proposed amendments, this report may be recapitulated in a few words: shall be passed by Congress, it will be effectual 1. The admission of any new State or States to secure the recovery of all fugitives from ser- formed out of Texas to be postponed until they vice or labor, and it will remove all causes of shall hereafter present themselves to be received complaint which have hitherto been experienced into the Union, when it will be the duty of Conon that irritating subject. But, if in its practi-gress fairly and faithfully to execute the comcal operation it shall be found insufficient, and if pact with Texas, by admitting such new State or no adequate remedy can be devised for the res-States; toration to their owners of fugitive slaves, those owners shall have a just title to indemnity out of the Treasury of the United States.

2. The admission forthwith of California into the Union, with the boundaries which she has proposed;

It remains to report upon the resolutions in 3. The establishment of territorial governments, relation to Slavery and the Slave-Trade in the without the Wilmot Proviso, for New-Mexico District of Columbia. Without discussing the and Utah, embracing all the territory recently power of Congress to abolish Slavery within the acquired by the United States from Mexico, not District, in regard to which a diversity of opin-contained in the boundaries of California; ion exists, the Committee are of opinion that it ought not to be abolished. It could not be done without indispensable conditions which are not

4. The combination of these two last-mentioned measures in the same bill

5. The establishment of the western and north

7. Abstaining from abolishing Slavery; but, under a heavy penalty, prohibiting the slave-trade

in the District of Columbia,

"shall, when ready, able, and willing to become a State, and deserving to be such, be admitted with or without Slavery, as the people thereof shall desire, and make known through their Constitution."

This was rejected: Yeas 19 (all Southern); Nays 36.

July 10th.-The discussion was interrupted by the death of President Taylor. Millard Fillmore succeeded to the Presidency, and William R. King of Alabama was chosen President of the Senate, pro tempore.

Yeas 27;

Mr. Seward moved to add at the end of the 37th section :

"But neither Slavery nor involuntary servitude shall be allowed in either of the Territories of New-Mexico or Utah, except on legal conviction for crime."

If such of these several measures as require legislation should be carried out by suitable acts July 15th.-The bill was reported to the of Congress, all controversies to which our late Senate and amended so as to substitute "that territorial acquisitions have given rise, and all existing questions connected with the institution Congress shall make no law establishing or of Slavery, whether resulting from those acquisi-prohibiting" Slavery in the new territories, tions, or from its existence in the States and the instead of "in respect to" it. District of Columbia, will be amicably settled Nays 25. and adjusted, in a manner, it is confidently believed, to give general satisfaction to an overwhelming majority of the people of the United States. Congress will have fulfilled its whole duty in regard to the vast country which, having been ceded by Mexico to the United States, has fallen under their dominion. It will have extended to it protection, provided for its several parts the inestimable blessing of free and regular government, adapted to their various wants, and placed the whole under the banner and the flag of the United States. Meeting courageously its clear and entire duty, Congress will escape the unmerited reproach of having, from considerations of doubtful policy, abandoned to an undeserved fate territories of boundless extent, with a sparse, incongruous, and alien, if not unfriendly population, speaking different languages, and accustomed to different laws, whilst that population is making irresistible appeals to the new sovereignty to which they have been transferred for protection, for government, for law, and for order.

Which was negatived; Yeas and Nays not taken.

July 17th.-The Senate resumed the consideration of the "Omnibus bill.”

Mr. Benton moved a change in the proposed boundary between Texas and NewMexico. Rejected: Yeas 18; Nays 36.

Mr. Foote moved that the 34th parallel of north latitude be the northern boundary of Texas throughout. Lost: Yeas 20; Nays 34.

July 19th.-Mr. King moved that the parallel of 35° 30' be the southern boundary of the State of California. Rejected: Yeas 20; Nays 37.

Mr. Davis of Mississippi moved 36° 30'. Rejected: Yeas 23; Nays 32.

add :

Lost :

Mississippi moved to

The Committee have endeavored to present to the Senate a comprehensive plan of adjustment, which, removing all causes of existing excitement and agitation, leaves none open to divide the country and disturb the general harmony. The nation has been greatly convulsed, not by measures of general policy, but by questions of July 23d.-Mr. Turney of Tenn. moved a sectional character, and, therefore, more dan- that the people of California be enabled to gerous, and more to be deprecated. It wants re-form a new State Constitution. pose. It loves and cherishes the Union. And it is most cheering and gratifying to witness the Yeas 19; Nays 33. outbursts of deep and abiding attachment to it, Mr. Jeff. Davis of which have been exhibited in all .parts of it, amidst all the trials through which we have passed, and are passing. A people so patriotic as those of the United States, will rejoice in an accommodation of all troubles and difficulties by which the safety of that Union might have been brought into the least danger. And, under the blessing of that Providence who, amidst all vicisblessing of that Providence who, amidst all vicissitudes, has never ceased to extend to them His protecting care, His smiles, His blessings, they will continue to advance in population, power, and prosperity, and work out triumphantly the glorious problem of man's capacity for self-government.

The Senate proceeded to debate from day to day the provisions of the principal bill thus reported, commonly termed " the Omnibus."

June 28th.-Mr. Soulé of Louisiana moved that all south of 36° 30' be cut off from California, and formed into a territory entitled South California, and that said territory

“And that all laws and usages existing in said United States, which deny or obstruct the right Territory, at the date of its acquisition by the of any citizen of the United States to remove to, and reside in, said Territory, with any species of property legally held in any of the States of this Union, be, and are hereby declared to be,

null and void.'

King, Ala.

Mangum, N. C.

Mason, Va.

This was rejected: Yeas 22; Nays 33.
YEAS-For Davis's amendment :
Messrs. Atchison, Mo.
Barnwell, S. C.
Bell, Tenn.
Berrien, Ga.
Butler, S. C.
Clemens, Ala.
Davis, Miss.
Dawson, Ga.
Downs, La.
Houston, Texas,

Hunter, Va.

Morton, Fla.
Pratt, Md.
Rusk, Texas,
Sebastian, Ark.
Soulé, La.
Turney, Tenn.
Underwood, Ky.

Yulee, Fla.-22.

Mr. Clemens of Alabama moved that the bill be postponed to the next session : Lost Yeas 25; Nays 30.

Mr. Atchison's reconsidered motion, to strike California out of the bill, now prevailed: Yeas 34; Nays 25.

The bill being now reduced so as to pro"the Om-vide merely for the organization of the Tertory of Utah, Mr. Douglas proposed to amend so as to make its southern boundary the parallel of 36° 30′ instead of 38° north latitude : Lost; Yeas 26; (all Southern but Dickinson of N. Y. and Douglas of Ill.) Nays 27; (all Northern but Spruance and Wales of Delaware-Mr. Clay not present).

Mr. Atchison of Mo. moved to strike out so much of the bill as relates to California: Lost by a tie; Yeas 29; Nays 29. Mr. Winthrop of Mass. moved a recon--if necessary, by force-does not believe sideration of this vote: Carried; Yeas 33; Nays 26.