Bill and Report of John A. Bingham by John Armor Bingham
Author: Unknown
Date: 0101-01-01T00:00:00+00:00

Making of America Books Basic | Boolean | Proximity |

Bibliographic | Search History

UMDL Texts home U of M login View bookbag your bookbag has 0 items

Home Search BrowseHelp

list of all pages | add to bookbag

Title:Bill and report of John A. Bingham, and vote on its passage, repealing the territorial New Mexican laws establishing slavery and authorizing employers to whip “white persons” and others in their employment, and denying them redress in their courts.

Author:Bingham, John Armor, 1815-1900.

Availability:These pages may freely searched and displayed.

Permission must be received for subsequent distribution in print or electronically. Please contact umdl-info@umich.edu for more information.

Print Source:Bill and report of John A. Bingham, and vote on its passage, repealing the territorial New Mexican laws establishing slavery and authorizing employers to whip “white persons” and others in their employment, and denying them redress in their courts.

Bingham, John Armor, 1815-1900.

7, [1] p. ; 24 cm.

[Washington?

1858]

Page 1 view page image

… i<,ar 2~, 1 )i __ I: t……… _ = BILL AND REPORT OF JOHN A.. = X,~

~~~~~~~~0 … BILL AND REPORT OF JOHN A. By

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-.r AND VOTE ON ITS

PASSAGES  =:‘PEALING THE TERRITORIAL NEW MEXICAN LAWS ESTABMMW SLAVERY

AND AUTHORIZING EMPLOYERS TO WHIP “WHITE’: PEBN SONS-” AND OTHERS IN THEIR

4EMPLOYMENT, AND DENYING tit — REDRESS IN THE COURTS. - *… e ~ e CnI Coressional, Southern, and Exe, tive vention: I:, The laws thus repealed by the! resentatives in Congress are here __ The vote on the passage of the bill it .. H-_=.on the 10th May, 1860, is also set o svoted for the passage of the. bill a  cans, and adt who voted agaiAs its _ _ Democrats or South Americans, :-‘:ai!Ea, of Maschusetts. The white slave code of New Me prse seen siubjects and authorizes all -:ing men and women to be whipp - employers, and denies them any -.-such outrages in courts ofjustice.

.of &et regulating masters aud serva The black slave code allows an = 
arrest’any one whom he calls an -. slave, by force,- and without any le r  fom any court or magistrate, and -~_ such person so arrested to the she -m-county in which the arrest may be D -sheriff shall imprison’such-pers a months, (withOut a commitment,) al for a master, and if no master come -
prgon six months longer, and ad -=s= sale; and at the end of twelve mon ‘onment, the sheriff shall sell suc — the; door of the jail or court-house, t e t bidder, for cash, and his bill of,. Bleast, in the purchaer o. goo and i  1 against# I persons whaevter,” __ gold is righ to hii:! =- The Uowi-ng letter, from:on; OTF,9o, tih DIegatein Congreq ofH - f-date 16th:e]cemb/ 1858, to A., abewett- ,:slwv,e’hiA’i  .^-;~l1^a-i -.____ ___’~~~~~~~~~~~ TlHOUSE or REPRESENTATIVES, DL., o t t M 1, awD e a 1 8, l$#$ SIR: I have been requested by (7 DAvis, of Mississippi, to write you a lett’r, questing you to draw up an act for the;pmt tion of property in slaves in -ew,. oxie. aud ceause the same to be pased by our Legis I know that the laws of the United.. the institution, and the decision of e Gf preme Court in the Dred Soott cwse, lish property in slaves in the Tetritories, but thin’k something should be done-o te path f eo Legislature to protect it. You will peeiv a once the advantages that will resultfrom f passage of such a law for our Territory, I expect you will take good cam to procure A passage….-.

Immediately after its passage, youi *I1 dies patch copies to all the principal newspapers. the Southern States for publicationi’ snd iales copy to the New Yprk Heald “ver qui”r Very respectfully, your obedient ve

- MIG. Awro OTi’S.O. Hon. creta of the.e. to. of Ne &%crdary of the Territory’of N’Vet x[~q. The following extract from a letter writen by a resident of the Territory, to-a mnibeof .the present House of Representatives, dated Barclay’s Fort, New Mexico, April 10,’.1860,O ‘will show the demon spirit of the slave Hver and man stealer: “At-my sorelitude, Judge Keithll (who V Speaker of -he House of lpresoetives i the :Legislture of NW SC4,eo) intruce A bil for the A d- -slavery la u *
he ise aem, hotest sta’ght-forw ol.: faraer,:1 aok io int l to get b ackra vno~ X. odd 2876-77 4A -*$i t’u 1‘4 y’”.‘az”# , /Vg* 5 .’ if V’. I ,..

,/‘r

Page 2 view page image

2 ‘ the Congress of the United States, and declared to be null and void, and of no effect. SEC. 2. And be it further enacted, Thatthe follqwing provision of the act of said Legislative Assembly, approved January 26,1859, entitled “An act amendatory of the law relative to contracts between masters and servants,” be, and the same is hereby, disapproved, and declared Inoperative and void, to wit: ” No court of this Territory shall have jurisdiction nor shall take cognizance of any cause for the correction that masters may give their servants for neglect’of their duties as servants.” SEC. 3. And be it further acted, That se:A tions two, three, four, five, seven, eight, ten,? eleven, twelve, thirteen, fourteen, fifteen, nine teen, twenty, twenty-one, twenty-two, twenty five, twenty-six, twenty-seven, and twenty-nine, of the act entitled, “An act to provide for the prounion -oproro’pertyi n slam ia ] s~TerRri tory,” passed by said Legislative Asse.,yof said Territory, and approved February 3d, 1859, be, and the same are hereby, disapproved by Congress, and declared null and void; and all courts and Territorial or Federal officers within said Territory are hereby prohibited from exer cising any authority under or by virtue of any of/he said sections of said Territorial acts. The following is the vote on the final pas sage of the foregoing bill: Yeas, (Republicans) -Charles F. Adams, Mass.; Cyrus Aldrich, Minn.; John B.

Alley, Mass.; JAmes M. Ashley, Ohio; Elijah Bab. bitt, Pa.; Charles L.

Beale, N.Y.; John A. Bingham, Ohio; Samuel S. Blair, Pa.; Har rison G.

Blake, Ohio; William D. Brayton, R. I.; James Buffinton, Mass.; Anson Burlin game, Mass.; Aifred A. Burnham, Conn.; Mar tin Butterfield, N. Y.; James H. Campbell, Pa.; John Carey, Ohio; Charles Case, Ind.; Clark B.

Cochrane, N. Y.; Schuyler Colfax, Ind,; Roscoe Conkling, N. Y.; John Covode, Pa.; Henry L. Dawes, Mass.; Charles Delano, Mass.; R. Holland Duell, N.Y.; W. McKee Dunn, Ind.; Sidney Edgerton, Ohio; Thomas M. Ed wards, N.H.; Thomas D. Eliot, Mass.; Alfred Ely, N.Y.; -John-F.

Farnsworth, IIL; Reuben E. Fenton, N Y.; Orris S. Ferry, Con.;Ste phen C.

Foster, Me.; Augustus Prank, N.Y.; Ezra B. French, Me.; Daniel W. Gooch, Masis.; Galiusha A. Grow, Pa.; John A. Gurley, Ohio; James T. Hale, Pa.; William Helmick, Ohio; Charles B. Hoard, N. Y.; James Humphrey, 1N. Y.; John Hutchins, Ohio; William Irvine, N.Y.; Benjamin F. Junkin, Pa.; Francis W, Kellogg, Mich.; William Kelogg, Ill.; Wil liam S. Kenyon, N.

Y.; David Kilgore, Ind.; John W. Killinger, Pa.; De Witt C; each, Mich.; M. Lindley Lee, N.Y.; Henr?. Long necker, Pa.; Dwight Loomis, Can.; Owen Lovejoy, Ill.; Gilman Marston, Ni H.; James dB. McKean, N.Y.; Robe~,.6cKnight, Pa.; Edward McPherson, Pa.;:James K. Moorhead, Pa.; Freeman H. Morse, Me.; John T. Nixon, members of the Legislature, holding that the bill was certain to pass on its own merits. “T he introduction of the bill came like a thunderclap on t hose corrupt of fice-holders who had p rocured the passage of this law, and a Santa F6an arose in his place, a nd m oved that the bill (of repeal) be rejected at once. This motion found no favor in the House, and they proceeded to the discussio n of the bill, Judge Keithly making a speech in its favor, in which he was supported ably by two Mexicans, who advocatc its passage. The opposition (to the repal) having nothing to say, and dreading the result of a free discussion of the question on publictpinion, the House adjourned. * What they despaired of efecting in the Hous% they determined to accomplish by an outside .pressure. Government officials kept open house i: thaaght. John Barleyecrn did hidwork, and 1’::’ I mint dr()psr’were-freely administered :. other means failed. * One of the Mexi cans, who advocated the passage of the bill Ifor repealS-was brought over by the promise of the Speakership. The result was, that on entering the House the following morning, Judge Keithly was presented with a note by the Doorkeeper, informing him that the Speak r’s chair was acaut, and the member above mentioned: (the Mexican) was at once installed in tie chair; Judge Keithly entered a solemn . protest against these summary proceedings, and defended his right to express his own opinions, and those of the people he as sent to rep resent, but could an no hearing. He de manded that the proceedings in his case should be entered on h~ journal of the House, but this was refused. He resigned his seat, and returned home, heartily disgusted with the lead ers of the party with which he had previously acted. He now understands exactly what Na a Democracy means.” fMr. DOUGLAS made his boast in the Senate, in his speech of the l}th May, 1860, that -the South had, by squatter sovereignty, gained ter ritory to slavery in New Mexico.

In-! -at Represa_ttives, February 16, 1869, Mr. BINGHAM, on leave, introduced th following bill: A bill to disapprove and declare null and void all Territorial : act and parts of acts heretofore passed by the Legislative Amembly of New Mexico which establish, protect, or le galize involuntary servitude or slavery within said Terri tory, except as punishment for crime, upon due convic tion. Be it enaded by the &enate and House of Repesentatives of the United States of America tin Congress assemnbled, That all acts and parts of acts heretofore passed by the Legislative Assembly of the Territory of Nesw Mexico which in any wise protect, authorize, or legalize involuntaryr servitude, or the enslavement of human beings within said Territory, (except as unihment for crime, upon due conviction,) 1e, and the same are hereby, disapproved by >.. . N

.f -W .f 0

Page 3 view page image

8 N.J.; Abraham B. Olin, N. Y.; George W., Palmer, N. Y.; John J. Perry, Me.; John U. Pettit, Ind.; Albert G. Porter, Ind.; John F. Potter, Wis.; Alexander H. Rice, Mass.; Christopher Robinson, R. I.; Homer E. Royce, Vt.; George W. Scranton, Pa.; Charles B. Sedgwick, N. Y.; John Sherman, Ohio; Daniel E. Somes, Me.; Francis E. Spinner, N.Y.; Benjamin Stanton, Ohio; Thaddeus Stevens, Pa.; William Stewart, Pa.; John L. N. Stratton, N.J.; Mason W. Tappan, N.H.; Cydnor B. Tompkins,-)hio; Charles R. Train, Mass.: Carey A. Trimble, Ohio; William Vandeyer, Iowa; John P. Verree, Pa.; Edward Wade, Ohio; Henry Waldron, Mich.; E. P. Walton, Vt.; Cadwalader C. Washburn, OWis.; Elihu B. Washburne, 111.; Israel Washburn, jun., Me.; Alfred Wells, N, Y.-; James Wilson, Ind.- r, William Windom, Minn.;‘John Wood, Pa.; Joh,,n Woodruff, Conn.-97-;n Nays, (Demnoratso,outh Americans, and Mr. Thayer of Mass.)-Green Adams,2 Ky.; Garnett B. Adrain, N. J.; William Allen, Ohio; Thomas L. Anderson, Mo.; William C. Anderson, Ky.; John D. Ashmore’ S. C.; William T. Avery, Tenn.; William Barksdale, Miss.; Thomas J. Barr, N. Y.; J R. Barrett, MIo.; Thomas S. Bocock, Va.; Milledge L. .Bonham, S. C.; William W. Boyce, S. C.; Lawrence O’B. Branch, N. C.; Francis M. Bristow, Ky.; John C. Burch, Cal.; Henry C. Burnett, Ky.; John B. Clark, Mo.; David Clopton, Ala.; Williamson R. W. Cobb, Ala.; John Cochrane, N. Y.; George B. Cooper, Mich.; Samuel S. Cox, Ohio; James Craig, Mo.; Martin J. Crawford, Ga.; Jabez L. MdI. Curry, Ala.; H. Winter Davis, Md.; John G. I?avis, Ind.; Daniel C. De Jarnette, Va.; Emerson Etheridge, Tenn.; Thomas B. Florence, Pa.; Muscoe R. H. Garnett, Va.; Lucius J. Gartrell, Ga.; John T. Harris, Va.; John B. Haskin, N.Y.; George S. Hawkins, Fla.; Wil liam Si Holman, Ind.; George S. Houston, Ala.; William Howard, Ohio; George W. Hughes, Md.; James Jackson, Ga.; Albert G.

Jenkins, Va.; John J. Jones, Ga.; Lawrence M. Keitt, S. C.; Jacob M.

Kunkel, Md.; Lucius Q. C. Lamar, Miss.; JQhn M. Landrum, La.; Charles I.

Larrabee, W is.; James M. Leach, N. C.; Shelton F. Leake, Va.; John A.

Logan, Ill.; Peter E. Love, Ga.: Charles D. Martin, Ohio; John McQueen, S.

C.; W. Porcher Miles, S. C.; John S. Millson, Va.; William Montgomery, Pa.; Laban T. Moore, Ky.; Sydenham Moore, Ala.; Isaac N. Morris, Ill.; William E. Niblack, Ind.; George H. Pendle ton, Ohio; Samuel O. Peyton, Ky.; John S. Phelps, Mo.; Roger A. Pryor, Va.; James L. Pugh, Ala.; John H. Reagan, Texa; John -H. Reynolds, N.Y.; Jetur R. Riggs, N.J.; James C.

Robinson, Ill. Thomas Ruffin, N. C.; John Schwartz, Pa.; Charles L. Scott, Cal.; Wiliah E. Simns, Ky.; Otbo R. Sin gleton, Miss.; William Smith, Va.; James A. Stallwort’, Ala.i JohnaW, Steyenson, Ky.; Lansing Stout, Oregon; Meles TaylQr, La,T. Eli Thayer, Mass.; James H. Thomas, Ten.; John W. H.

Underwood, Ga.; Clement L. Val’ landigham, Ohio,; Zebulon B. Vance, N. C.i Edwin H. Webster, Md.; William G. Whiteley, Del.; Warren Winslow, N. C.; Samuel H, Woodson, Mo.; John V. Wright, Tern.-90.. NHOUSE OF

REPRESEN’TATIVES, MAY 10,a 1860. Mr. Bingham, from the Commiteon eth Judi.

ciary, made the following report: The Judiciary Committee, having had under consideration the bill referred to them entitled “-A bill to repeal all acts of the Legislature of ‘ New Mexico authorizing slavery or involun tary servitude, except as punishment: for crime,“4 report the same back to theH30uise of Re.resentatives, with an amendmnt, andl recommend that the same do pas, and that it be put upon its passage.;: -” And the committee further report that for the organization-of said Territory of Few Mexic6
by the act of Septemter /9”,kX850, (U. S. Statutes at Large, vol. 9, p.

449,::ec. If) itis provided that ” all the laws passed bytheLes ‘ lative Assembly and Governor shall be sub’ mitted to the Congress of the-United States, ‘ and if disapproved shall be null and void.” The:Territorial statutes referred to in die bll, and certain sections whereof are disapproved thereby and declared null and void, are as follows: ” An act amendatory of the la* pelative to contracts between masters and servants,”

approved by the Territorial LegiSlature of New Mexico, January 26, 1859.

SEc. 1. When any servant shall run away from the Service of his master, he shall be considered as a fugitive from justice, and in such case-it shall be the duty of all officers of the Territory, judicial or ministerial, on being informed that such persons are within the limits of their jurisdiction, to ascertain whether such peonM rinfiaway servants or not, and if they ascertain that they are, said officers shall immediately arret them and put them to work at public labor, or hire them out to any person so that they may be employed, with security, until their master shall be informed’ thereof, in order that they may de. mand them, and to whom they shah imme diately be delivered. SEC. 2. Every person of this Territory, either a contracted servant according to te law of contracts, or engaged on trips or as shepherds, shall be compelled to serve for the time stipu.

lated for in the contract; and any servan’t so contacted Who shatl fail to serve -by abandon ing his master or property placed under his care, shall be held responsible for all costs and damages which through his neglect May trsult 1-1 t;l .1, IV t,.. “:, -1. .11,

Page 4 view page image

4 lence, seduction, or other means, take and -carry or entice away any slave with the like intent shall be deemed and held, for every purpose whatever, to have stolen such slave, within the meaning of this act. And every person who, knowing any slave to have been stolen as afore said, shall aid, assist, or advise in or about the c carrying away of such slave, shall suffer the like peealties as are above prescribed against the person stealing such slave as aforesaid. SEc. 3. Every person who shall carry or convey, or wilfully assist in carrying or con veying any slave, the property of another, with the intent or for the purpose of aiding or ena, bling such slave to escape out of this Territory, or within this Territory and beyond the control tr recovery of his owner or master, shall, upon Conviction thereof, sufferthe same penalties as are prescribed in the foregoing section of this act. And nranyiiem preferredague any person for the violation of any of the pro visions of this act, the property in the 8slave shall be well laid, if charged to belong to any person having an interest in such slave, whether such interest be legal or equitable, present or future, joint or several, vested or contingent. S.c.

4. Every person who shall forge or furnish to any negro, free or slave, any false or fabricated free papers, or false evidences, in print or writing, of the freedom of such negro, shall, upon conviction, suffer imprisonment for a term not more than five years, nor less than six months, and be fined in a sum not more than one thousand nor less than one hundred dollars. SEc. 5. Any person who shall hire, entice, persuade, or in any manner induce any slave to absent himself from the service or custody of his owner or master, or who shall, upon any pretence, harbor or maintain any slave so ab& senting himself from such service or custody, shall, upon conviction thereof, suffer fine and imprisonment as prescribed in section’ four of this act, and shall besides be liable to the owner or master in a civil suit for damages. SEC. 6. Any person who shall endeavor to excite in any slave a spirit of insurrection, conspiracy, or rebellion, or who shall adise, countenance, aid, or in any manner abet any slave in resiastane against his owner or master, shall, upon conviction, supfer imprisonment not less thla three months, nor more than three years, and be fined in a sum not less than twenty-five nor more than one thousand dol lars. SEC. 7. Any person who shall sell, lend, hire, give, or in any manner furnih to any slave, any sword, dirk, bowie,knife, gun, pistol, or other fire arms, or any other kind of deadly weapons of offence, or anyr ammunition of any kind suitable for fire-arms,; shall, upon exnit;* tion, suffer the penalties prescribed’ in section sixl of this act: _Provided, That mothing herein contained shall be so construed as to. proliblt ‘.te owner or roastr of Any slatre from-teHio isthe owner: Proledc, Tha t in the same tOianer it which th e servants shall be com pelled to comply with this contract, the masters should also be equ ally obliged, in case any ser va n t should fall sick on any trip, to furnish them, at their own expense, the means of cure, and shall not, under any circumstances, aban donp them; but, on the ontrary, sh all convey them to their homes, wh e re the said servants my be able to pro cure the mean s necessary for the i r subsistence.. tske 3. No person shall employ the servant of wother w ithout becoming responsible by such act to pay the money due on the first con. tract; end if t hey shall furnish him with any mon ey, and the servant shall be compe lle d t o rathm toe the s e rvice of-his first master for the reaso n t hat th e s econd did not have or did not sh.be Xpay the m oney due, in such nase the second conta ctor sha ll lose his claim, or cvail be -co mpelled to wait until the servant shall hav e paid th e money of the first contractor. : St C. 4. o court of this T errit ory shall have jurisdicti on nor shall bye c ognizance of any cause for the correction that masters may give their servants for neglect of their duties as ser wants, for they are considered as domestic ser vant to their mters, and they should correct their, ueglect Aud faults; for as soldiers are punished by their chiefs, without the interven tion ofthe civil’authority, by reason of the sal ary they enjoy, an equal right should be grant I’ those persons who pay their money to be served in the protection of their property: Pro ThGnat such correction shall not be inflict ed in a cruel manner with clubs or stripes. SEc. 5. Sections fourteen and fifteen of an act approved July 20, 1851, relative to con tracts; beween maters and servants, are hereby repealed. ALEc. 6. That all acts or parts of acts, laws or parts of laws, in conflict with this act, are hereby repealed. SEc. 7. This act shall be in force and take effect from and after its passage. .a Act to provide for the protection of property in slaves in *a _Territorr, aproved ].y the Territorial Legisla ture of Now Mexico, February 3, 1859. Sict. 1. That every person who shall be convicted of the unlawfiul killing of a slave, or other offence upon the person of a slave, within this Territory, whether as principal or accessory, sal suffier the same pains and penalties as if the party upon whose person the offence was committed had been a free white person. SiEc.

2. Ever person who shall steal any slave with the intent that the owner, or any one having an interest in such slave, present or future, vested or contingent, legal or equitable, sGall be dgppived of the ulee or benefit of such slav%f shall, upon convliction, Suffer imprisonment for a term not more than ten nolr less than blur year, and be finled in a sum not more -than two thousand nor less than five hundred dollars; and every person who shall, by no-; 0 k I I

Page 5 view page image

5 rarily arming such slave with such weapon and ammunition for the purpose of the lawful de fence of himself, his family, or property. SEc. 8. All trade or traffic between free per sons and slaves, in any article of goods, mer chandise, provisions, supplies, or other comn modity whatever, is hereby prohibited, unless the slave have and exhibit the permission of his oWner or master, in writing, to trade or traffic, which written permission must specifi cally set-forth  artisles or commodities which said slave is authorized to sell, buy, or barter; and any person who shall violate the provisions of this section shall, upon conviction, suffer the penalties prescribed in section six of this act. And if any persou other than the owner or master of such slave shall furnish to any such slave any fabricated, false, or fborged permit to trade as aforesaid, he shall suffr the same penalties as. cribed it-the said sixth section of this act. S.Ec.

9. Any free person who shall play with any slave at any game of cards, or any other game of skill, chance, hazard, or address, either with or without betting thereon, shall be held guilty of a misdemeanor, and be fined in a sum not exceeding one tundred dollars, or impris oned not exceeding three months, or both, at the discretion of the court. SEC. 10.

Any person may lawfully take up or apprehend any slave who shall have run anay, or be absenting himself from the custodry.r service of his master or owner, and may lawfully use or employ such force as may be necessary to take up or apprehend such slave; and such person, upon the delivery of such slave to his master or owner, or at such place as such master or owner Iay designate, shall be entitled to demand or recover by suit any reward which may have been offered ibfor the apprehension or delivery of such slave. And if no reward has been offered, then such person so apprehending such slave shall, upon the delivery of such slave to his master or owner, or to the sheriff of the county in which such slave was apprehended, be entitled to demand and recover from such owner or master the sum of twenty dollars, besides ten ceunt_ for each mile of travel trand from the place where such apprehension was made. SEc. 11. If any sheriff of any county within this Territory shall fail or refuse to receive and keep, with proper care, any runaway slave so offered to him fobr safe keeping by such person apprehending the same, or his agent, such sheriff shall, upon conviction thereof, be fined in a sum not less than five hundred dollars, to the use of the Territory; shall further be liable to the owner of such slave for his value, recoverable by civil suit, and shall be neligible for reelection to the said office. SEC. 12. The said sheriff, upon receiving such runaway into his custody as aforesaid, shall forthwith cause to be inserted in some public Rewpaper d this Tetriry a full and particular description of su-ch slave, stating therein the date of his commitment to jail as a runaway, which advertisement he shall cause to be continued for the space of six months, unleszs such slave shall sooner be delivered up to his owner or master, upon proof of o wner - ship or right of possession, ant payment of-all costs, as hereinafter provided. But-if, at the expiation of six months from the date of the first insertion of such advertise mentr n,o owner or nmaster shall appear and re claim his said slave, th en it shall be the duty of the said sheriff o cae t o aus e to be inserted ino such newspaper a further advertisement, setting forth, as before, a full description of such slaves with the date ofhis commitment as aforesaid, and a recital ofr’the former advertisement, and giving notice that’upon a particular day to be named, not less than six nor more than seven .months subsequent to the first insertion of’such’ advertisement, he will, at the door of his jail or of the court house of his county, sell the said slave to the highest bidder for cash. And dn the sale day so appointed, the said sheriff, or his successor in office, shall accordingly, be tween the hours of twelve o’clock M. add two o’clock P. M., at the place of sale, offer at pub; lic vendue and sell to the highest bidder for cash, the said slave, and shall execute to the purchaser his bill of sale for such slave, wich shall vest in such purchaser a good and inde. feasible title against all persons whatever: Pmvided, However, That if the owner or master shall, at any time before such sale, appear and reclaim the said slave, as hereinafter provded, and pay all costs and expeftes due to the said sheriff, the taker-up, and-the newspaper, (for all which the sheriff is authorized to receipt,) then such slave shall be delivered’up to such owner or master. -

SEC. 13. Before any slave, in custody of the sheriff as a runaway, shall be delivered up to any claimant, such claimant shall first prove by the affidavit-of some disinterested person, taken before some judge, justice of tlk peace, or no tary public, (whose official characters, if offingTS
of another State or Territory, shall be legally authenticated,) thait: he, the claimant, ha lost such a slave as described in the advertise ment aforesaid; second, the claimant shall make his own affidavit that the slave in, custody is the identical slave so lost, and to which he is entitled as owner or master, (or as agent for the owner or master, producing authorityis such agent by power of attorney duly acknowlt edged and authenticated;) third, give bond:to the said sheriff, with security to be approved by him, to indemnify, him against the lafu claims of all other persons to such slave; ‘fourth, pay all costs’ and charges, as follows: the fee for apprehension’ as aforesaid~ with mileage, the sffIB costs of one dollar for reeeiving such elate into custody, one dollar Xol each advertisement made az:‘abresaid~ a~! ten cents per day for each day the said slake~has X** :: v 10 0

Page 6 view page image

6 remained in his;custody; and also the costs of the: newspaper for the advertisement of such slave. SEc. 14. If, after delivering up such slave to such claimant, any other person should appear and demand the said slave as his right: and property, the said sheriff shall assign and d e liver the said bond to such person, who may thereon’institute suit in his own name, and re cover the value of said slave, and all damag es, from the makers of sucli bond; but the said sheriff shall-‘be thereby fully acquitted of all liability on account of the said slave; Pro - vided,.

Nothing herein shall be construed to prevent the true owner from proceeding against the person in possession of stph slave, for the specific recovery of such slave or for any other redress against such person as he may be le -gally entitled to. -. SEc. 15. In case such slave shall be sold, as provided in section 12, then it shall be the duty of the said sheriff, after first.deducting the costs and charges aforesaid, and the further costs of five per cent. upon the proceeds of such sale as his commission thereon, to pay over the surplus of such proceeds to the Territorial treasurer, taking a receipt therefor, and filing with such treasurer a statement of all costs and charges retained by him as aforesaid and the said treasurer shall duly charge himself with and account for such proceeds as for other public funds. Sue. 16. If any person shall fail to maintain or properly provide food, lodging, and raiment, for any slave of which he is the owner, any judge of the District Court, probate judge, or justice of the peace, may, and upon sworn in formation made before him shall, cause such erson by his warrant to be brought before him, and upon investigation and proof of such facts, in a summary manner, without appeal. Such judge, or justice, may require such per son to enter into bond, with sufficient surety, payable to the Territory, in such sum as he shall require, and conditioned for the support and maintenance of such slave in the future, which bond may at any time thereafter be put in suit upon the affidavit of any person that ohe same has become forfeited. SEc. 17. When a slave shall be indicted for felony, the clerk of the court, uponthe arrest of such slave, or return of such indictment, shall issue a citation to the owner or master named in such indictment, requiring hiba to appear and defend his said slave; and in case such owner or master shall not so appear, it shall be the duty of the court trying the same to appoint counsel for such slave,whoshall be authorizeds to direct the summons of all witnesses for th oie d defence, and in all respectato conduct the same:; and the court shall allow to such counsel a reasonable fee for his services, and tax the same as other costs, and award execution against the owner therefor. - B. 18. Any owner of 8 slave indictd and :’:n convicted of cruel and inhuman tre atment tome t such slave shall be punished by imprinm t not more than one year, and a fine - not more than one thousand dollars. SEc. 19. Any owner of a slave who shall suffer such slave to hire his own time or go at.. large and employ himself as a free man, for more than twenty.four hours for any one time, dshall; upon the conviction thereofe be sore any justice of the eace. be finedindi nd asum not ex ceeding one hundred dollars, -to inure to the county treasury. SEc. 20. Any slave who shallconduct him self disorderly in,& public place, or shall give insolent language or signs to any free white person, may be arrested and -taken by such person before a justice of the peace, who,. upon trial.and conviction in a summary Wmanner, a1 CaeUse;ia constable to-give such Slave *vny number of’ strips upon Bhi sbare ~not -ex ceeding thirtynine. SEc. 21. When asay slave shall be convieted of any crime or misdemeanor, for which the penalty assigned by law is in all or in part of a sum of money, the court passing sentence upon him may, in its discretion, substitute for such fine corporal punishment by branding or with stripes. SEC. 22. No slave, free negro, or mulatto, shall be permitted to give evidence in any court against a free white person, but against each other they shall be competent witnesses. 8Sac. 23. Marriages between white persons and slaves or free negroes or mulattoes are pro hibited, and such rites of matrimony are deelar ed void; and any free white person attempting to enter into.or procure a marriage with such slave, or free negro or mulatto, upon indictment and conviction, shall be punished with imprisonment not exceeding six months, and fine not exceeding three hundred dollars. SRC.

24. Any slave, free negro, or mulatto, who shall commit or attempt to commit a rape upon the person of any white woman, shall, upon conviction thereof, suffer death. SEC. 25. The, emancipation of slaves within this Territory is totally prohibited. Sxc. 26n So slave shall be permitted to go frm the premises of his owner or master afer sunset and before sunrise without a written pass specifying the particular place or places to which such slave is permitted to, go; and any white person is authorized to, take any slave who, upon demand, shall notl exhibit such pass, before any justice of the peace, who, upon summary investigation, shall cause such slave to be whipped with not more than thirtynine stripes upon his bare back, rd to be committed to the jail or custody of a proper officer, to be released the next day, on the demand and payment of costs by the oQwner or master. SEC. 27. Any person claiming h..‘b: entitled to the possession of any slave,Wtih/ is withbeld from ahn, may either instigre-is actionl / I..

I t I t 0 . I

Page 7 view page image

7 slave without allegation or proof of peculiar value orpretium affectioni. SEc. 28. Any person who shall hold as slave any negro* or mulatto who is entitled to his freedom, shall, upon conviction, suffw imprie: onment for a term-not’exceeding ted nor less than five years, and be fined in a sum not less than five hundred nor more than two thousand dollars. SFx. 29. -WheR a word in this act is used in the masculine form it shall include the feminine; where used in the singular, it shall include the plural, and vice versa; and the word “master” shall be taken to include any person who, whether as owner, bailee, or otherwise, has or is entitled to have the immediate possession or control’of the slave.t SEc. 30. That’this act shall in no manner apply to relation between masters and’contracted servants in this Territory, but the word o aslave “
shall only apply to the Africanfrae. SEC. 31. That this act shall be in force from and after its passage. of replevin therefor as for other property, or upon his sworn petition, directed to the district judge of the district wherein such slave may be, shall be entitled to the writ of habeas cms directed to the person having such slave in possession, upon which such proecdings shall be had as are now had upon sueh proeess when instituted for otherpersons; and f1 the judge, upon hearing such, shall see fit, he may require th e par ty to whom he adjsudges the p os session of the slav’e to enter into -such bond, to -such am ou nt, and with such seeuri ty. vas he shall appr ove, payable to the adverse p arty, co nd itioned for the safe delivery of said slave, to abide the judgment or decree o-, any court of competent jurisdiction, which may be rendered in any suit to be instituted within six months from’ the date of such bohd, which bond, pon breach thereof, may be proseuted to judgment against the makers of the same, or any of them, by the paye~reof,Aii:ereettors, a’ltdlnai~iistratos, or assigns; and any court’of chancery ihanl entertain a bill for thle specific recovery of any .. ..- “. -,’ — – –- — , ‘f RI .,,-?D art’:, -_-I’ -‘ - -t -

Page 8 view page image

- I “Ii-CCAPAOMA; - N..:EXECUTIVI..: L. F. S. FOSTER, OONA.’ 4 Et B..WASHRB rIlOI.. on;. a~- n *r io.,….;. the fol es anrc IGT Aina. ot ad I t.N~~1ttiX }17 N_Usst — SIXTEEN PA$’. Se, of a aft jr’ Ferry, Va.

Md. Lyman TrumbuIl:. Property in the Territories-B. F. Wade. True Democracy History Vindicated-C. H. F Territorial Slave Code H. Wilson.

John P. Hale. “Posting the Books between the North and the J. Perry. The Calhoun Revolution-Its BaWs and its Pr,-: Doolittle. The Republican Party the Result of Southern A C. B. Sedgwick. Admission of Kar-t-M. J. Parrott.

Federalism Unmasked-Daniel R. Goodloe. The Stavery,Question. C. Washburn.

Thomas Corwin’s Great Speech, Abridged. ‘ TWENTY-FOUrR PAGES. Slavery in the Territoriescob tollamer. THIRTY-TWO PAGES. Thomas Corwils Great Speech. GERMAN. EIGHT PAGES, Free Home’ for Free Men G. A. Grow. Shall the Territories be Africanized-James Hap’ Who have Violated Compromises-John Hickmr-. The Homestead Bill-Its Friends and its F Douglas and Popular Sovereignty-Crl Schurz. The Homestead Bill-M. S. Wilkinson.

The Barbarism of Slavery-Owen ~,ovejoy. Southern Sectionalism-John Hickmn.

.9TF” P?AGR. Mo.,,and i n oo the’XflBq_ Trumbull. The State of the Country-W.:.I; Sewad. Lands for the Landleu A Tract. Election of Speaker-H. Winter Iavis. SIGHT PiCttS.” The’~ ~ i c A. al.s’ Frae en. A..

The eri g. W. Scranton and J. H. Campbell. C6ilthitn -and Commerc-F. P.

Br. Geseral PoliticOrris S. Ferry. - u The De manof the South-‘The Republican Party Vindi azse ’*rahbam Lincoln. Tihe ~lCad Bill-Its Friends and its Foes-W. Windom. The Charism of Slavery-Owen Lovejoy. The New Dogma of the South-” Slavery a Blessing “-H. L Dawen. The Pitn of Prtie-R. H.

Duell. The Hmestd Bil,-. S. Wilkinson. Polgay in Utah-D. W. Gooch. ndou ag Popular SovereigntyCal Schurz. LA for the Landless-A Tract. The Poor Whites of the South-The Injury done them by Slavery-A Tract. APrtetive Tari, -Rtght of LaboJames H. The][ticism of the Democratic Party-Owen TovePAE. ision’of Republica tionalism of Modern Democ ray-Robe McEnight, Southern Sectioaism-John Hickman. Froedoin t. Slavery-John Hutchins.

Repubh Lan d PolicyH omes for the Million-Stephen as Fester. Ta ri’ S.

Xorrill. egtsive Protectionto the Industry of the People-Alex artder H.

Rice. Modera Demooracy He nry Waldron. The Tw 1eal Sive Policy* The Republican Party; What the North-bas to do with SlaveryThomas D. Eliot.

The Supreme Court of the United States-Roscoe Conkling. -‘es e the Republican PartyChristopher Robinson. A!ddem~-ontgomery Blair. The Nessity of Protecting American Labor-J. P. Verree. Pennsylvania Betrayed by the AdministrationJ. Schwartz. Th_’ba-ucPaty at Principles-James T. Hale.

Negro uaiy-The hig of One Man to Hold Propert* in . Anothesl e Demraic Party a Disunion Party-The Sucoemsof the Republican Party the only Salvation for the Country-Benjamin Stanton. Orgaizaton of the Territories-Daniel W. Gooch. -. -And all Republican Speeches as delivered.

During the Presidential Campaign, Speeches and Documents will be supplied atthe teduced prices: per I08 pages 50 cents, 16 pages $1, and larer documents in pr Address either of the above ommittee. GEORGE HARRINGTON, 4

- \, 4 - I - - Jr A ,L .. -. =. e I

Powered by DLXS

To comment or inquire about content, contact moa-feedback@umich.edu To report errors, contact umdl-help@umich.edu Reprint Information for this collection