iOAN STACK 
 
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 WAN STACK 
 
 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 1 PER 
 SONS" AND OTHERS IN THEIR EMPLOYMENT, AND DENYING THEM 
 REDRESS IN THE COURTS. 
 
 The laws thus repealed by the people s Rep 
 resentatives in Congress are herein set forth. 
 The vote on the passage of the bill in the House, 
 on the 10th May, 1860, is also set out. All who 
 voted for the passage of the bill are Republi 
 cans, and all who voted against its passage are 
 Democrats or South Americans, except Mr. 
 THAYER, of Massachusetts. 
 
 The white slave code of New Mexico, it will 
 be seen, subjects and authorizes all white labor 
 ing men and women to be whipped by their 
 employers, and denies them any redress for 
 such outrages in courts of justice. (See sec. 4 
 of act regulating masters and servants.) 
 
 The black slave code allows any person to 
 arrest any one whom he calls an absconding 
 slave, by force, and without any legal process 
 from any court or magistrate, and to deliver 
 such person so arrested to the sheriff of the 
 county in which the arrest may be made, which 
 sheriff shall imprison such person for six 
 months, (without a commitment,) and advertise 
 for a master, awd if no master corne, shall im 
 prison six months longer, and advertise for 
 sale 5 and at the end of twelve months impris 
 onment, the sheriff shall sell such person, at 
 the door of the jail or court-house, to the high 
 est bidder, for cash, and his bill of sale " shall 
 vest in the purchaser a good and indefeasible 
 title against all persons whatever," not except 
 ing the sold man s right to himself! 
 
 The following letter, from Hon. MIGUEL A. 
 OTERO, the Delegatein Congress of New Mexico, 
 of date 16th December, 1858, to A. M. Jackson, 
 shows that this slave code had its origin in 
 
 Congressional, Southern, and Executive inter 
 vention : 
 
 HOUSE OF REPRESENTATIVES, D. C., 
 
 December 16, 1858. 
 
 SIR : I have been requested by General R. 
 DAVIS, of Mississippi, to write you a letter, re 
 questing you to draw up an act tor the protec 
 tion of property in slaves in New Mexico, and 
 cause the same to be passed by our Legislature. 
 
 I know that the laws of the United Suites, 
 the Constitution, and the decision of the Su 
 preme Court in the Dred Scott case, establishes 
 property in slaves in the Territories, but I think 
 something should be done on the part of our 
 Legislature to protect it You will perceive at 
 once the advantages that will result from the 
 passage of such a law for our Territory, aud I 
 expect you will take good care to procure its 
 
 Immediately after its passage, you will dis 
 patch copies to all the principal newspapers in 
 the Southern States for publication, and also a 
 copy to the New York Herald " very quick." 
 
 Very respectfully, your obedient servant, 
 MIG. ANT O OTERO. 
 Hon. A. If. Jackso?i, 
 
 Secretanj of the Teiritory of New Mexico. 
 
 The following extract from a letter written 
 by a resident of the Territory, to a member of 
 j the present House of Representatives, dated 
 | Barclay s Fort, New Mexico, April 10, 18GO, 
 ! will show the demon spirit of the slave driver 
 i and man stealer : 
 
 u At my solicitude, Judge Keithly (who was 
 Speaker of the House ot Representatives in the 
 ! Legislature of New Mexico) introduced a bill 
 I for the repeal of the slavery law, but as ho is a 
 , plain, honest, straight forward old farmer, he 
 took no steps to get backers amongst the other 
 
 810 
 
members of the Legislature, holding that the 
 bill was certain to pass on its own merits. 
 
 "The introduction of the bill came like a 
 thunder-clap on those corrupt office-holders who 
 had procured the passage of this law, and a 
 Santa Fean arose in his place, and moved that 
 the bill (of repeal) be rejected at once. This 
 motion found no favor in the House, and they 
 proceeded to the discussion of the bill, Judge 
 Keithly making a speech in its favor, iu which 
 he was supported ably by two Mexicans, who 
 advocated its passage. The opposition (to the 
 repeal) having nothing to say, and dreading 
 the result of a free discussion ot ; the question on 
 public opinion, the House adjourned. * 
 What they despaired of effecting in the House, 
 they determined to accomplish by an outside 
 pressure. Government officials kept open house 
 that uight. John Barleycorn did his work, and 
 mint drops were freely administered where 
 other means failed. * * * One of the Mexi 
 cans, who advocated the passage of the bill 
 
 (for repeal) 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 
 er s chair was vacant, and the member above 
 mentioned (the Mexican) was at once installed 
 in the chair. Judge Keithly entered a solemra 
 protest against these summary proceedings, and 
 defended his right to express his own opinions, 
 and those of the people he was sent to rep 
 resent, but could gain no hearing. He de 
 manded that the proceedings in his case should 
 be entered on the 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 
 tional Democracy means." 
 
 Mr. DOUGLAS made his boast in the Senate, 
 in his speech of the 16th May, 1860, that the 
 South had, by squatter sovereignty, gained ter-* 
 ritory to slavery in New Mexico. 
 
 In the House of Representatives, February j 
 16, 1860, Mr. BINGHAM, on leave, introduced j 
 the following bill ^ 
 
 A bill to disapprove and declare null and void all Territorial 
 acts and parts of acts heretofore passed by the Legislative 
 Assembly 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 enacted by the Senate and House of 
 Representatives of the United States of America 
 in Congress assembled, That all acts and parts 
 of acts heretofore passed by the Legislative 
 Assembly of the Territory of New Mexico 
 which in any wise protect, authorize, or legalize 
 involuntary servitude, or the enslavement of 
 human beings within said Territory, (except as 
 punishment for crime, upon due conviction,) 
 be, and the same are hereby, disapproved by 
 
 2 
 
 the Congress of the United States, and declared 
 to be null and void, and of no efiect. 
 
 SEC. 2. And be it farther enacted, That the 
 following provision of the act of said Legisla 
 tive Assembly, approved January 26, 1859, en 
 titled " 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 : u 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 enacted, That sec 
 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 
 protection of property in slaves in this Terri 
 tory," passed by said Legislative Assembly of 
 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 the 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. ; Alfred 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 C )vode, 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. Furnsworth, 111. ; Reuben 
 
 phen C. Foster, Me. ; Augustus Frank, N. Y. ; 
 Ezra B. French, Me. ; Daniel W. Gooch, Mass.; 
 Galusha A. Grow, Pa. ; John A. Gurley, Ohio ; 
 James T. Hale, Pa.; William Helmick, Ohio ; 
 Charles B. Hoard, N. Y. ; James Humphrey, 
 N. Y. ; John Hutchins, Ohio ; William Irvine, 
 N. Y. ; Benjamin F. Junkin, Pa. ; Fraticis W. 
 Kellogg, Mich.; William Kellogg, 111.; Wil 
 Ham S. Kenyon, N. Y. ; David Kilgore, Ind. ; 
 John W. Killinger, Pa. ; De Witt C. Leach, 
 Mich. ; M. Lindley Lee, N. Y. ; Henry C. Long- 
 necker, Pa.; Dwight Loomis, Conn.; Owen 
 Lovejoy, 111. ; Oilman Mirston, N. H. ; James 
 B. McKean, N. Y. ; Robert McKn^ght, Pa. ; 
 Edward McPherson, Pa. ; James K. Aioorhead, 
 Pa. ; Freeman H. Morse, Me. ; John T. Nixon, 
 
N. J. ; Abraham B. Olin, N. Y. ; George W. 
 Palmer, N. Y. ; John J. Perry, Me. ; John U. 
 Pettit,.Ind.j Albert G. Porter, Ind. j John F. 
 Potter, Wis. ; Alexander H. Rice, Mass.; Chris 
 topher Robinson, R. I. ; Homer E. Royce, Vt. ; 
 George VV. Scranton, Pa. ; Charles B. Sedg- 
 wick, N. Y. ; John Sherman, Ohio ; Daniel E. 
 Somes, Me.; Francis E. Spinner, N. Y. ; Ben 
 jamin Stanton, Ohio; Tbaddeus Stevens, Pa.; 
 William Stewart, Pa.; John L. N. Stratton, 
 N. J. ; Mason W. Tappan, N. H. ; Cydnor B. 
 Tompkins, Ohio; Charles R. Train, Mass.: 
 Carey A. Trimble, Ohio; William Vandever, 
 Iowa; John P. Verree, Pa. ; Edward Wade, 
 Ohio ; Henry Waldron, Mich. ; E. P. Walton, 
 Vt. ; Cadwalader C. Washburn, Wis. ; Elihu 
 B. Washburne, 11. ; Israel Wrvshburn. jun., Me. ; 
 Alfred \Aells, N. Y. ; James Wilson, Ind.; 
 William Windom, Minn. ; John Wood, Pa. ; 
 John Woodruff, Conn. 97. 
 
 Nays, (Democrats, South Americans, and 
 Mr. Thaycr of Mass.} Green Adams, Ky. ; 
 Garnett B. Adrain, N. J. ; William Allen, 
 Ohio ; Thomas L. Anderson, Mo. ; William C. 
 Anderson^ Ky. ; John D. Ash more, S. C. ; 
 William T. A very, Teun. ; William Barksdale, 
 Miss. ; Thomas J. Barr, N. Y. ; J. R. Barrett, 
 Mo. ; 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 B. W. Cobb, Ala. ; 
 John Cochrane, N. Y. ; George B. Cooper, 
 Mich.; Samuel S. Cox, Ohio; James Craig, 
 Mo.; Martin J. Crawford, Ga. ; Jabez L. M. 
 Curry, Al a. ; H. Winter Davis, Md. ; John G. 
 Davis, lad. ; Daniel C. De Jarnette, Va. ; Em 
 erson Etheridge, Tenn. ; Thomas B. Florence, 
 Pa. ; Muscoe II. H. Garnett, Va. ; Lucius J. 
 Gartrell, Ga. ; John T. Harris, Va. ; John B. 
 Haskin, N. Y. ; George S. Hawkins, Fla. ; Wil 
 liam S. Hoi man, Ind. ; George S. Houston, 
 Ala. ; William Howard, Ohio; George W. 
 Hughes, Md. ; James Jackson, -a. ; Albert G. 
 Jenkins, Va. ; John J. Jones. Ga. ; Lawrence 
 M. Keitt, S. C. ; Jacob M. Kunkel, Md. ; Lucius 
 Q. C. Lamar, Miss. ; John M. Landrum, La. ; 
 Charles H. Larrabee, V\ is. ; James M. Leach, 
 N. C. ; Srftlton F. Leake, Va. ; John A. Logan, 
 111. ; 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, 111.; 
 William E. Niblack, Ind. ; George H. Pendle- 
 ton, Ohio; Samuel 0. Peyton, Ky. ; John S. 
 Phelps, Mo. ; Roger A. Pryor, Va. ; James L. 
 Pugh, Ala.; John H. Reagan, Texas; John 
 H. Reynolds, N. Y. : Jetur R. Riggs, N. J. ; 
 James C. Robinson, 111. ; Thomas Ruffin, N. 
 C. ; John Schwartz, Pa. ; Charles L. Scott, 
 Cal. ; William E. Simms, Ky. ; Otho R. Sin 
 gleton. Miss. ; William Smith, Va. ; James A. 
 Stallworth, Ala. ; John W. Stevenson, Ky. ; 
 
 Lansing Stout, Oregon ; Miles Taylor, La, ; 
 Eli Thayer, Mass.; James H. Thomas, Tenn. j 
 John W. H. Underwood, Ga. ; Clement L. Val- 
 landigham, Ohio; Zebulon B. Vance, N. C. ; 
 Edwin H. Webster, Md. ; William G. Whiteley, 
 Del.; Warren Window, N. C. ; Samuel H. 
 Woodson, Mo. ; John V. Wright, Tenn. 90. 
 
 HOUSE OF REPRESENTATIVES, MAY 10, 1800. 
 Mr. BingJiam-j from the Committee on the 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 
 1 New Mexico authorizing slavery or involun- 
 tary servitude, except as punishment for 
 1 crime," report the same back to the House of 
 Representatives, with an amendment, and re 
 commend that the same do pass, and that it be 
 put upon its passage. 
 
 " And the committee further report that 
 for the organization of said Territory of New 
 Mexico by the act of September 9, 1850, (U. 
 S. Statutes at Large, vol. 9, p. 449, sec. 7,) it is 
 provided that " all the laws passed by the Legia- 
 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 the bill, 
 and certain sections whereof are disapproved 
 thereby and declared null and void, are as fol 
 lows : " An act amendatory of the law relative 
 to contracts between masters and servants," 
 approved by the Territorial Legislature of New 
 Mexico, Janua y 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 per 
 sons are within the limits of their jurisdiction, 
 to ascertain whether such persons are runaway 
 servants or not, and if they ascertain that they 
 are, said officers shall immediately arrest 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 shall imme 
 diately be delivered. 
 
 SEC. 2. Every person of this Territory, either 
 a contracted servant according to the 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 servant so 
 contracted who shall 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 result 
 
to the owner: Provided, That in the same 
 manner in which the servants shall be com 
 pelled to comply with this contract, the masters 
 should also be equally obliged, in case any ser 
 vant should fall sick on any trip, to furnish 
 them, at their own expense, the means of cure, 
 and shall not, under any circumstances, aban 
 don them ; but, on the contrary, shall convey 
 them to their homes, where the said servants 
 may be able to procure the means necessary for 
 their subsistence. 
 
 SEC. 3. No person shall employ the servant 
 of another without becoming responsible by 
 such act to pay the money due on the first con 
 tract ; and if they shall furnish him with any 
 money, and the servant shall be compelled to 
 return to the service of his first master for the 
 reason that the second did not have or did not 
 desire to pay the money due, in such case the 
 second contractor shall lose his claim, or shall 
 be compelled to wait until the servant shall 
 have paid the money of the first contractor. 
 
 SEC. 4. 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 ser 
 vants, for they are considered as domestic ser 
 vants to their masters, and they should correct 
 their neglect and faults; for as soldiers are 
 punished by their chiefs, without the interven 
 tion of the civil authority, by reason of the sal 
 ary they enjoy, an equal right should be grant 
 ed those persons who pay their money to be 
 served in the protection of their property : Pro 
 vided, That 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 between masters and servants, are hereby 
 repealed. 
 
 SEC. 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. 
 An Act to provide for the protection of property in slaves 
 
 in this Territory, approved by the Territorial Legisla 
 
 ture of New Mexico, February 3, 1859. 
 
 SEC. 1. That every person who shall be con 
 victed of the unlawful killing of a slave, or 
 other offence upon the person of a slave, within 
 this Territory, whether as principal or acces 
 sory, shall suffer the same pains and penalties 
 as if the party upon whose person the offence 
 was committed had been a free white person. 
 
 SEC. 2. Every person who shall steal any 
 slave with the intent that the owner, or any one 
 having an interest in such slave, present or fu 
 ture, vested or contingent, legal or equitable, 
 shall be deprived of the use or benefit of such 
 slave, shall, upon conviction, suffer imprison 
 ment for a term not more than ten nor less 
 than four years, and be fined in a sum not more 
 than two thousand nor less than five hundred 
 dollars ; and every person who shall, by vio 
 
 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 
 carrying away of such slave, shall suffer the 
 like penalties 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 
 or recovery of his owner or master, shall, upon 
 conviction thereof, suffer the same penalties as 
 are prescribed in the foregoing section of this 
 act. And in any indictment preferred against 
 any person for the violation of any of the pro 
 visions of this act, the property in the slave 
 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. 
 
 SEC. 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 dam-ages. 
 
 SEC. 6. Any person who shall endeavor to 
 excite in any slave a spirit of insurrection, 
 conspiracy, or rebellion, or who shall advise, 
 countenance, aid, or in any manner Jtbet any 
 slave in resistance against his owner or master, 
 shall, upon conviction, suffer imprisonment not 
 less than 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 furnish to any 
 slave, any sword, dirk, bowie-knife, gun, pistol, 
 or otner fire-arms, or any other kind of deadly 
 weapons of offence, or any ammunition of any 
 kind suitable for fire-arms, shall, upon convic 
 tion, suffer the penalties prescribed in section 
 six of this act: Provided, That nothing herein 
 contained shall be so construed as to prohibit 
 the owner or master of any slave from tempo- 
 
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 com 
 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 the articles 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 person other than the owner or 
 master of such slave shall furnish to any such 
 slave any fabricated, false, or forged permit to 
 trade as aforesaid, he shall suffer the same 
 penalties as are prescribed in the said sixth 
 section of this act. 
 
 SEC. 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 hundred 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 away, 
 or be absenting himself from the custody or 
 service of his master or owner, and may law 
 fully use or employ such force as may be neces 
 sary to take up or apprehend such slave 5 and 
 such person, upon the delivery of such slave to 
 his master or owner, or at such place as such 
 master or owner may designate, shall be entitled 
 to demand or recover by suit any reward which 
 may have been offered for 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 appre 
 hended, be entitled to demand and recover from 
 such owner or master the sum of twenty dollars, 
 besides ten cents for each mile of travel to and 
 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 for safe keeping by such person 
 apprehending the same, or his agent, such sher 
 iff 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, recover 
 able by civil suit, and shall be ineligible for re 
 election 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 newspaper of this Territory a full and 
 
 particular description of such 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, 
 unless such slave shall sooner be delivered up 
 to his owner or master, upon proof of owner 
 ship or right of possession, and payment of all 
 costs, as hereinafter provided. 
 
 But if, at the expiration of six months from 
 the date of the first insertion of such advertise 
 ment, no owner or master shall appear and re 
 claim his said slave, then it shall be the duty 
 of the said sheriff to cause to be inserted in 
 such newspaper a further advertisement, setting 
 forth, as before, a full description of such slave, 
 with the date of his commitment as aforesaid, 
 and a recital of 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 on 
 the sale day so appointed, the said sheriff, or 
 his successor in office, shall accordingly, be 
 tween the hours of twelve o clock M. and 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, which 
 shall vest in such purchaser a good and inde 
 feasible title against all persons whatever: 
 Provided, however, That if the owner or master 
 shall, at any time before such sale, appear and 
 reclaim the said slave, as hereinafter provided, 
 and pay all costs and expenses 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 the peace, or no 
 tary public, (whose official characters, if officers 
 of another State or Territory, shall be legally 
 authenticated,) that he, the claimant, has lost 
 such a slave as described in the advertise 
 ment aforesaid ; second, the claimant shall 
 make his own affidavit that the slave in cus 
 tody 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 authority as 
 such agent by power of attorney duly acknowl 
 edged and authenticated;) third, give bond to 
 the said sheriff, with security to be approved 
 by him, to indemnify him against the lawful 
 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 sheriffs costs of one dollar for re 
 ceiving such slave into custody, one dollar for 
 j each advertisement made as aforesaid, and ten 
 cents per day for each day the said slave has 
 
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 de 
 liver the said bond to such person, who may 
 thereon institute suit in his o b wn name, and re 
 cover the value of said slave, and all damages, 
 from the makers of such 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 such 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. 
 
 SEC. 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 
 
 convicted of cruel and inhuman treatment to 
 such slave shall be punished by imprisonment 
 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, 
 shall, upon the conviction thereof before any 
 justice of the peace, be fined in a sura not ex 
 ceeding one hundred dollars, to inure to the 
 county treasury. 
 
 SEC. 20. Any slave who shall conduct him 
 self disorderly in a 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 manner, 
 shall cause his constable to give such slave any 
 number of stripes upon his bare back not ex 
 ceeding thirty-nine. 
 
 SEC. 21. When any slave shall be convicted 
 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. 
 
 SEC. 23. Marriages between white persons 
 and slaves or free negroes or mulattoes are pro 
 hibited, and such rites of matrimony are declar 
 ed void ; and any free white person attempting 
 
 justice of the peace, may, and upon sworn in- ! to enter into or procure a marriage with such 
 
 formation made before him shall, cause such 
 person by his warrant to be brought before 
 
 slave, or free negro or mulatto, upon indict 
 ment and conviction, shall be punished with 
 
 him, and upon investigation and proof of such \ imprisonment not exceeding six months, and 
 
 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 the 
 same has become forfeited. 
 
 SEC. 17. When a slave shall be indicted for 
 
 fine not exceeding three hundred dollars. 
 
 SEC. 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. 
 
 SEC. 2G. No slave shall be permitted to go 
 from the premises of his owner or master after 
 sunset and before sunrise without a written 
 
 felony, the clerk of the court, upon the arrest of I pass specifying the particular place or places 
 such slave, or return of such indictment, shall | to which such slave is permitted to go ; and 
 issue a citation to the owner or master named j any white person is authorized to take any 
 in such indictment, requiring him to appear i slave who, upon demand, shall not exhibit 
 and defend his said slave; and in case such i such pass, before any justice of the peace, who, 
 owner or master shall not so appear, it shall be upon summary investigation, shall cause such 
 the duty of the court trying the same to appoint slave to be whipped with not more than thirty- 
 back, and to be 
 
 nine stripes upon his bare 
 
 committed to the jail or custody of a proper 
 
 counsel for such slave, who shall be authorized 
 to direct the summons of all witnesses for the 
 
 defence, and in all respects to conduct the same; j officer, to be released the next day, on the de- 
 and the court shall allow to such counsel a i mand and payment of costs by the owner or 
 
 J *- master. 
 
 SEC. 27. Any person claiming to be entitled 
 
 reasonable fee for his services, and tax the 
 same as other costs, and award execution 
 against the owner therefor. 
 
 SEC. 18. Any owner of a slave indicted and 
 
 to the possession of any slave which is with 
 hold from him, may either institute his action 
 
of replevin therefor as for other property, or 
 upon his sworn petition, directed to the district 
 judgo of the district wherein such slave maybe, 
 shall be entitled to the writ of habeas corpus 
 directed to the person having such slave in 
 possession, upon which such proceedings shall 
 be had as are now had upon such process when 
 instituted for other persons; and if the judge, 
 upon hearing such, shall see fit, he may require 
 the party to whom he adjudges the possession 
 of the slave to enter into such bond, to such 
 amount, and with such security as he shall ap 
 prove, payable to the adverse party, conditioned 
 for the safe delivery of said slave, to abide the 
 Judgment or decree of any court of competent 
 jurisdiction, which may be rendered in any 
 suit to be instituted within six months from 
 the date of such bond, which bond, upon breach 
 thereof, may be prosecuted to judgment against 
 the makers of the same, or any of them, by the 
 payee thereof, bis executors, or administrators, 
 or assigns ; and any court of chancery shall 
 entertain a bill for the specific recovery of any 
 
 slave without allegation or proof of peculiar 
 value or pretium affectionis. 
 
 SEC. 28. Any person who shall hold as slave 
 any negro or mulatto who is entitled to his 
 freedom, shall, upon conviction, suffer impris 
 onment for a term not exceeding ten nor less 
 than five years, and be fined in a sum riot less 
 than five hundred nor more than two thousand 
 dollars. 
 
 SEC. 29. When a word in this act is used in 
 the masculine form it shall include the femi 
 nine; where used in the singular, it shall in 
 clude 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 pos 
 session or control of the slave. 
 
 SEC. 30. That this act shall in no manner 
 apply to relation between masters and con 
 tracted servants in this Territory, but the word 
 "slve" shall only apply to the African race. 
 
 SEC. 31. That this act shall be in force from 
 and after its passage. 
 

 
 PRESIDENTIAL CAMPAIGN OT 1860. 
 
 REPUBLICAN EXECUTIVE CONGRESSIONAL COMMITTEE. 
 
 HON. PRESTON KING, N. Y., Chairman. 
 " J. W. GRIMES, IOWA. 
 " L. F. S. FOSTER, CONN. 
 
 On the part of the Senate. 
 
 11 E. B. WASHBURNB, ILLINOIS. 
 
 JOHN COVODE. PENN., Treasurer. 
 E. G. SPAULDING, N. Y. 
 J. B. .ALLKV, MASS. 
 DAVID KILGORE, INDIANA. 
 J. L. N. 8TRATTON, N. J. 
 
 On the part of the Jfovse of Reps. 
 
 EIGHT PAGES. 
 Tlie Stato of the Country W. H. Scward. 
 
 The Committee are prepared to furnish the following Speeches and Documents : 
 
 I Resigning His Position as Chairman of the Committee 01 
 Commerce and reasons for leaving the Democratic Parly - 
 I Hannibal Ilamlin. 
 j Public Expenditures R. II. Ducll. 
 I Tun Republican Party and tho Republican Candidate for th 
 
 Presidency W. ll cKcc Dunn. 
 The Republican Platform E. G. Spauldinjr. 
 : Frauds in Naval Contracts John Sherman. 
 Senate Investigation of Public Printing Preston King. 
 
 Irrepressible Conflict " W. H. Seward. 
 
 Free Homes for Free Men G. A. Grow. 
 
 Shall the Territories be Africanized James Harlan. 
 
 Who have Violated Compromises John Hickman. 
 
 Invasion of Harper s Ferry B. F. Wade. 
 
 The Speakershiit G. W. Scrantou and J. H. Campbell. 
 
 Colonizationxind Commerce F. P. Blair. 
 
 General Politics Orris S. Ferry. 
 
 The Demands of the South The Republican Party Vindi 
 catedAbraham Lincoln. 
 
 Ths Honvstoud Bill - T f Friends and its Foes W. Windom. 
 
 The Barbarism of Slavery Owen Lovejoy. 
 
 Tho New Dogma of the South" Slavery a Blessing H. 
 L. Dawes. 
 
 The Position of Parties R. H. Duell. 
 
 The Homestead Bill M. S. Wilkinson. 
 
 Polygamy in Utah D. W. Gooch. 
 
 Douglas and Popular Sovereignty Carl Schurz. 
 
 Lands for the Landless A Tract. 
 
 Tho Poor Whites of the South The Injury done them by 
 Slavery A Tract. 
 
 A Protective Tariff Necessary Rights of Labor James H. 
 Campbell. 
 
 Tho Fanaticism of the Democratic Party Owen Lovely. 
 
 Mission of Republicans Sectionalism of Modern Democ 
 racy Robert McKnight. 
 
 Southern Sectional ism John Hickman. 
 
 Freedom vs. Slavery John Hutching. 
 
 Republican Land Policy Homes for the Million Stephen C. 
 Foster. 
 
 Tariff Justin S. Merrill. 
 
 Legislative Protection to the Industry of the People Alex 
 ander H. Rice. 
 
 Modern Democracy Henry Waldron. 
 
 The Teritorjal Slave Poiicy ; The Republican Party ; What 
 tho North has to do with Slavery Thomas D. Eliot. 
 
 Tho Supreme Court of the United States Roscoe Conkling. 
 
 Designs of the Republican Party Christopher Robinson. 
 
 Address Montgomery Blair. 
 
 The Necessity of Protecting American Labor-rJ. P. Verree. 
 
 Pennsylvania Betrayed by the Administration J. Schwartz. 
 
 Tlie Republican Party and its Principles James T. Hale. 
 
 Revenue and Expenditures John Sherman. 
 
 Tho Claims of Agriculture John Carey. 
 Negro Equality The Right of One Man to Hold Property in 
 Another The Democratic Party a Disunion Party The 
 Success of the Republican Party the only Salvation for the 
 Country Bcujaniin Stanton. 
 
 itercbt of the Farmer and Manufacturer Curey A. 
 
 Tlio Tariff Its Constittttwaatlty, > <:cessity, and AM. auto,- 
 jr,-.p John T. Nixon. 
 
 rosiiioii of Parties and Abuses of Power Reuben E. Fen ton. 
 
 Bill aud Report Repealing tho Territorial Laws 01 New Mexi 
 co John A. Biugham. 
 
 Democracy alia* Slavery James B. McKcan. 
 
 Abraham Lincoln, His Personal History and Public Record 
 E. B. Washburno. 
 
 The President s Message The Sectional Party John A. 
 Bingharo. 
 
 The Republican Party a Necessity Charles F. Adams. 
 
 Tho Filibustering Policy Of the Sham Democracy J. J. Perry. 
 
 Pennsylvania Betrayed by <.ho Administration J. Schwartz. 
 
 Jloderu DemocracyJustin S. Morriil. 
 
 Equality of Rights in the Territories Harrison G. Blake. 
 
 SIXTEEN PAGES. 
 Seizure of Arsenals at Harper s Ferry, Va. and Liberty 
 
 Mo. Lyman Trumbull. 
 Property ifi the Territories B. F. Wade. 
 True Democrat- v li;.-u>ry \ indicate.! -- " H Va"> Wyok. 
 ! Territorial Slave Code H. Wilson. 
 { Slavery in the Territories .John P. Hale. 
 " Posting the Books between the- North and the South 
 
 J. Perry. 
 The Calhoun Revolution Its B.isis and it3 Progress J. 
 
 Doolittle. 
 The Republican Party the Result of Southoru Aggression 
 
 C. B. Sedgwick. 
 
 Admission of Kansas M. J. Parrott. 
 Federalism Unmasked Daniel R. Goodloe. 
 The Slavery Question C. C. Washburn. 
 Thomas Corwin s Great Speech, Abridged. 
 The Issues The Dred fccott Decision Tho Parties Isn 
 
 Washburn, Jun. 
 Tariff Samuel S. Blair. 
 
 The Rise and Fall of the Democratic Party K. S. Bingha 
 Da Defence of the North and Northern Laborers H. Uuoii 
 
 TWENTY- FOUK PAGES. 
 
 Slavery in the Territories Jacob Collamor. 
 
 THIRTY-TWO PAGES. 
 
 Thomas Corwin s Great Speech. 
 
 Success of the Calhoun Revolution : The Constitution Chanj 
 
 and Slavery Nationalized by the Usurpations of tho 
 
 premc Court, James M. Ashley. 
 The Barbarism of Slavery Charles Simmer 
 
 GERMAN. 
 
 EIGHT PAGES. 
 The Demands of the South The Republican Party Vi: 
 
 dicatcd Abraham Lincoln 
 Free Homes for Free Men G. A. Grow. 
 Shall the Territories be Africanized James Harlau. 
 Who have Violated Compromises John Hickman. 
 The Homestead Bill Us Friends and its Foes W. Wind 
 Douglas and Popular Sovereignty Carl Scimrz. 
 The. Homestead Bill M. S. Wilkinson. 
 The Iii.rO.insm 01 rrfa*er# Ovvttfl Lovejo/. 
 Southern Sectionalism John Hickman. 
 Equably of Rights in the Territories -Harrison G. Blake 
 The Claims of Agriculture John Carey. 
 SIXTEEN PAGES. 
 
 Seizure of the Arsenals at Harper s Ferry, Va., and Lib* 
 Mo. , and in Vindication of the Republican I arty Ly 
 Trumbull. 
 
 Tho State of the Country W. H. Soward. 
 
 Land? for the Landless A Tract. 
 
 Election of Speaker H. Winter Davis. 
 
 THIRTY-TWO PAGES. 
 
 The Barbarism of Slavery Charles Sumncr. 
 
 And all Republican Speeches as delivered. 
 
 During the Presidential Campaign, Speeches and Documents will be supplied at the I 
 reduced prices : per 100-8 pages 50 cents, 16 pages $1, and larger documents m propoi 
 Address either of the above Committee. _JJL- HARRIN GTON, 
 

 PRESIDENTIAL CAMPAIGN OF 1860. 
 
 REPUBLICAN EXECUTIVE CONGRESSIONAL COMMITTEE. 
 
 EON. PRESTON KING, N. Y., Chairman. 
 J. W. GRIMES, IOWA. 
 " L. F. S. FOSTER, CONN. 
 
 On the part of the Senate. 
 
 " B. B. WASHBURNE, ILLINOIS. 
 
 HON. JOHN COVODE. PENN.. Treasurer. 
 
 " E. GK SPAULDING, N. Y. 
 
 J. B. ALLEY, MASS. 
 DAVID KILGORE, INDIANA. 
 
 J. L. N. STRATTON, N. J. 
 
 On the part of the House of Reps. 
 
 The Committee are prepared to furnish the following speeches : 
 
 Hon. H. Wilson, Mass.: Territorial Slave Code. 
 John P. Hale, N. H. 
 
 " Abraham Lincoln, 111. : The Demands of 
 the South The Republican Party Via * 
 dicated. 
 
 EIGHT PAGES. 
 
 Ion. W. H. Seward, N. Y. : State of the Country. 
 " W. H. Seward, N. Y. : Rochester Speech. 
 " G. A. Grow, Penn. : Free Homes for Free 
 Men. 
 
 James Harlan, Iowa : Shall the Territories 
 
 be Africanized ? 
 John Hickman, Penn. : Who have Violated 
 
 Compromises. 
 B. F. Wade, Ohio : Invasion of Harper s 
 
 Ferry. 
 G. W. Scranton and J. H. Campbell, Penn.: 
 
 The Speakership. 
 F. P. Blair, Mo., Address at Cincinnati : 
 
 Colonization and Commerce. 
 " Orris S. Ferry, Conn, 
 jands for the Landless A Tract. 
 
 SIXTEEN PAGES. 
 
 Ion. Lyman Trumbull, 111.: Seizure of the Ar 
 senals at Harper s Ferry, Va. and Liberty, 
 Mo., and in Vindication of the Republi 
 can Party. 
 
 B. F. Wade, Ohio : Property in the Terri 
 tories. 
 
 C. H. Van Wyck, N. Y. : True Democracy- 
 History Vindicated. 
 
 J. J. Perry, Me. : " Posting the Books be 
 tween the North and the South." 
 
 J. R. Deolittle, Wis. : The Calhoun Revo 
 lution Its Basis and its Progress. 
 
 Carl Schurz, Wis.: Douglas and Popular Sover 
 eignty. 
 
 TWENTY-FOUR PAGES. 
 Hon. Jacob Collamer, Vermont. 
 " Thomas Corwin, of Ohio, 32 pp., $2. 
 
 GERMAN. 
 
 EIGHT PAGES. 
 Hon. G. A. Grow, Penn. : Free Homes for Free 
 
 Men. 
 " James Harlan, Iowa: Shall the Territories 
 
 be Africanized? 
 " John Hickman, Penn.: Who Have Violated 
 
 Compromises. 
 
 Carl Schurz, Wis. : Douglas and Popular Sover 
 eignty. 
 
 SIXTEEN PAGES. 
 
 Hon. Lyman Trumbull, 111.: Seizure of the Arse 
 nals at Harper s Ferry, Va. and Liberty, 
 Mo., and in Vindication of the Republi 
 can Party. 
 " W. H. Seward, N. Y.: The State of the 
 
 Country. 
 Lands for the Landless A Tract. 
 
 During- the Presidential Campaign, Speeches and Documents will be supplied at the follow- 
 jg reduced prices : 
 
 Eight pages, per hundred, copies free of postage, ----- $0.50 
 Sixteen " " " 1.00 
 
 Twenty-four " " " 1.50 
 
 Address either of the above Committee. 
 
 GEORGE HARRINGTON, Secretary 
 
L 
 


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