No. 17. Joint Resolution on Compensated Emancipation

April 10, 1862

THE first proposition for compensated emancipation seems to have been brought forward by James B. McKean of New York, who introduced in the House, February 11, 1861, a resolution for the appointment of a select committee to inquire into the practicability of emancipating the slaves in the border States. No action was taken on the resolution. In a special message to Congress, March 6, 1862, Lincoln recommended the adoption of a resolution in the identical terms of the resolution following. The resolution was introduced in the House, March 10, by Roscoe Conkling of New York, under suspension of the rules, and the next day passed by a vote of 97 to 36. The Senate passed the resolution April 2, the vote being 32 to 10. April 7, by a vote of 67 to 52, the House adopted a resolution, submitted by Albert S. White of Indiana, for the appointment of a select committee of nine on compensated emancipation in the border States. On March 10, and again on July 12, Lincoln had interviews with representatives of the border States, but the conferences were fruitless. In his proclamation of May 19, setting aside General Hunter's proclamation declaring free the slaves in Georgia, Florida, and South Carolina, Lincoln made an earnest plea for the acceptance of the offer proposed by the resolution, while in his annual message of December 1, 1862, he discussed the subject at length, and proposed an amendment to the Constitution to carry the plan into effect. Bills providing for compensated emancipation in Missouri and Maryland were introduced in the House in January, 1863, but failed to pass.

REFERENCES. Text in U.S. Statutes at Large, XII, 617. For the proceedings see the House and Senate Journals, 37th Cong., Ist Sess., and the Cong. Globe. Papers relating to Lincoln's interviews with representatives of the border States are in McPherson, Rebellion, 213-220. See also Senate Report 12 and House Report 148, 37th Cong., 2d Sess.; House Report 33, 39th Cong., Ist Sess.; Rhodes, United States, III, 630-636; Nicolay and Hay, Lincoln, V, chap. 12.

Joint Resolution declaring that the United States ought to coöperate with, affording pecuniary Aid to any State which may adopt the gradual Abolishment of Slavery.

Be it resolved That the United States ought to coöperate with any State which may adopt gradual abolishment of

slavery, giving to such State pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system. APPROVED, April 10, 1862.

No. 18. Act abolishing Slavery in the District of Columbia

April 16, 1862

A BILL "for the release of certain persons held to service or labor in the District of Columbia " was introduced in the Senate, December 16, 1861, by Henry Wilson of Massachusetts. The debate on the bill began March 12 and developed much opposition, but April 3, by a vote of 29 to 14, the bill passed. In the House a motion to reject the bill was lost, 45 to 93, and on the 11th the bill passed, the final vote being 85 to 40. In his message of approval Lincoln suggested that further time be allowed for the presentation of claims, and that

provision be made for “ minors, femmes covert, insane, or absent persons"; and a supplementary act was passed July 12 embodying these changes. The civil appropriation act of July 16 made an appropriation of $500,000 for the removal and colonization of the emancipated negroes, but this, as to the unexpended balance, together with section eleven of the act of April 16, was repealed by the civil appropriation act of July 2, 1864. Acts of May 20 and 21 provided for the education of colored children in the District.

REFERENCES.

Text in U.S. Statutes at Large, XII, 376-378. For the proceedings see the House and Senate Journals, 37th Cong., 2d Sess., and the Cong. Globe. Calvert's minority report, March 12, is House Report 58. For a report of the commissioners see House Exec. Doc. 42, 38th Cong., Ist Sess.

An Act for the Release of certain Persons held to Service or Labor in the District of Columbia.

Be it enacted. That all persons held to service or labor within the District of Columbia by reason of African descent are hereby discharged and freed of and from all claim to such service or labor; and from and after the passage of this act neither slavery nor involuntary servitude, except for crime, whereof the party shall be duly convicted, shall hereafter exist in said District.

SEC. 2. And be it further enacted, That all persons loyal to the

United States, holding claims to service or labor against persons discharged therefrom by this act, may, within ninety days from the passage thereof, but not thereafter, present to the commissioners hereinafter mentioned their respective statements or petitions in writing, verified by oath or affirmation, setting forth the names, ages, and personal description of such persons, the manner in which said petitioners acquired such claim, and any facts touching the value thereof, and declaring his allegiance to the Government of the United States, and that he has not borne arms against the United States during the present rebellion, nor in any way given aid or comfort thereto : Provided, That the oath of the party to the petition shall not be evidence of the facts therein stated.

SEC. 3. And be it further enacted, That the President of the United States, with the advice and consent of the Senate, shall appoint three commissioners, residents of the District of Columbia, any two of whom shall have power to act, who shall receive the petitions above mentioned, and who shall investigate and determine the validity and value of the claims therein presented, as aforesaid, and appraise and apportion, under the proviso hereto annexed, the value in money of the several claims by them found to be valid: Provided, however, That the entire sum so appraised and apportioned shall not exceed in the aggregate an amount equal to three hundred dollars for each person shown to have been so held by lawful claim: And provided, further, That no claim shall be allowed for any slave or slaves brought into said District after the passage of this act, nor for any slave claimed by any person who has borne arms against the Government of the United States in the present rebellion, or in any way given aid or comfort thereto, or which originates in or by virtue of any transfer heretofore made, or which shall hereafter be made by any person who has in any manner aided or sustained the rebellion against the Government of the United States.

SEC. 4. And be it further enacted, That said commissioners shall, within nine months from the passage of this act, make a full and final report of their proceedings, findings, and appraisement, and shall deliver the same to the Secretary of the Treasury, which report

shall be deemed and taken to be conclusive in all respects, except as hereinafter provided; and the Secretary of the Treasury shall, with like exception, cause the amounts so apportioned to said claims to be paid from the Treasury of the United States to the parties found by said report to be entitled thereto as aforesaid, and the same shall be received in full and complete compensation: Provided, That in cases where petitions may be filed presenting conflicting claims, or setting up liens, said commissioners shall so specify in said report, and payment shall not be made according to the award of said commissioners until a period of sixty days shall have elapsed, during which time any petitioner claiming an interest in the particular amount may file a bill in equity in the Circuit Court of the District of Columbia, making all other claimants defendants thereto, setting forth the proceedings in such case before said commissioners and their action therein, and praying that the party to whom payment has been awarded may be enjoined from receiving the same; and if said court shall grant such provisional order, a copy thereof may, on motion of said complainant, be served upon the Secretary of the Treasury, who shall thereupon cause the said amount of money to be paid into said court, subject to its orders and final decree, which payment shall be in full and complete compensation, as in other cases.

SEC. 5. And be it further enacted, That said commissioners shall hold their sessions in the city of Washington, at such place and times as the President of the United States may direct, of which they shall give due and public notice. They shall have power to subpoena and compel the attendance of witnesses, and to receive testimony and enforce its production, as in civil cases before courts of justice, without the exclusion of any witness on account of color; and they may summon before them the persons making claim to service or labor, and examine them under oath; and they may also, for purposes of identification and appraisement, call before them the persons so claimed. . . . [Commissioners to appoint a clerk. The Marshal of the District of Columbia to attend and execute process.]

SEC. 6. [Compensation of commissioners, expenses, etc.]

SEC. 7. [Appropriation of $1,000,000 to carry the act into effect.]

SEC. 8. And be it further enacted, That any person or persons who shall kidnap, or in any manner transport or procure to be taken out of said District, any person or persons discharged and freed by the provisions of this act, or any free person or persons with intent to re-enslave or sell such person or persons into slavery, or shall re-enslave any of said freed persons, the person or persons so offending shall be deemed guilty of a felony, and on conviction thereof in any court of competent jurisdiction in said District, shall be imprisoned in the penitentiary not less than five nor more than twenty years.

SEC. 9. And be it further enacted, That within twenty days, or within such further time as the commissioners herein provided for shall limit, after the passage of this act, a statement in writing or schedule shall be filed with the clerk of the Circuit Court for the District of Columbia, by the several owners or claimants to the services of the persons made free or manumitted by this act, setting forth the names, ages, sex, and particular description of such persons, severally; and the said clerk shall receive and record, in a book by him to be provided and kept for that purpose, the said statements or schedules on receiving fifty cents each therefor, and no claim shall be allowed to any claimant or owner who shall neglect this requirement.

SEC. 10. And be it further enacted, That the said clerk and his successors in office shall, from time to time, on demand, and on receiving twenty-five cents therefor, prepare, sign, and deliver to each person made free or manumitted by this act, a certificate under the seal of said court, setting out the name, age, and description of such person, and stating that such person was duly manumitted and set free by this act.

SEC. 11. And be it further enacted, That the sum of one hundred thousand dollars, out of any money in the Treasury not otherwise appropriated, is hereby appropriated, to be expended under the direction of the President of the United States, to aid in the colonization and settlement of such free persons of African descent