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[22] any of them, shall suffer death by sentence of a general court-martial. “Mr. Collamer, of Vermont, moved” that the amendment be amended so as to confine it to those found lurking as spies around any fortification or post within any of that part of the United States which has been or may be declared to be in a state of insurrection;

and the amendment to the amendment was agreed to — yeas, twenty-four; nays, not counted. Mr. Wilson then moved to amend by adding as a new section:

That the fifty-fifth article of the first section of the act of April tenth, 1806, chapter twenty, be, and the same is hereby, so amended as to read as follows:

Whoever, belonging to the armies of the United States in foreign parts, or at any place within the United States, or their territories, during rebellion against the supreme authority of the United States, shall force a safe-guard, shall suffer death.

On the twenty-third, the Senate resumed the consideration of the bill, and the amendment to the fifty-fifth article of war was agreed to. Mr. Wilson then moved to modify Mr. Wilkinson's amendment, providing that no part of the money appropriated should be expended on work thereafter performed, so that it would apply to work thereafter commenced, and it was agreed to. The bill then passed without a division.

In the House, on the twenty-ninth, Mr. Blair reported from the Military Committee, in favor of concurring in the Senate amendment, excepting the third section, providing, that no volunteers should be mustered into the service, on any conditions confining their service to the limits of their State, and that the House non-concur in that amendment. The report of the committee was concurred in. The Senate, on the thirtieth, disagreed to the amendment of the House to the Senate amendments. The House insisted upon its amendment, asked a committee of conference, and the chair appointed Mr. Blair, of Missouri, Mr. Thomas, of Maryland, and Mr. Hickman, of Pennsylvania, managers on the part of the House. On the fifth of February, the Senate, on motion of Mr. Wilson, insisted on its disagreement, concurred in a committee of conference, and the chair appointed Mr. Wilson, of Massachusetts, Mr. Grimes, of Iowa, and Mr. Henderson, of Missouri, managers. In the House, on the ninth, Mr. Blair, from the committee of conference, reported that the House agree to the amendment of the Senate, with an amendment, so that it would read: “That no volunteers or militia from any State or territory shall be mustered into the service of the United States, on any terms or conditions confining their services to the limits of such State or territory, or their vicinity, beyond the number of ten thousand in Missouri, and four thousand five hundred in Maryland, heretofore authorized by the President of the United States, or Secretary of War, to be raised in said States.” Mr. Lovejoy moved to lay the report on the table, but the motion was lost, and it was then adopted, without a division. In the Senate, on the tenth, Mr. Wilson, from the committee of conference, made a report, which was concurred in; and the bill was approved by the President, on the thirteenth of February, 1862.

No. Xxii.--The Bill providing for the Promulgation of an additional Article of War, prohibiting Officers of the Army from Returning Fugitives from Service or Labor.

In the House of Representatives, on the ninth of July, 1861, Mr. Lovejoy, of Illinois, introduced the following resolution, and demanded the previous question upon its passage: “That in the judgment of this House, it is no part of the duty of the soldiers of the United States to capture and return fugitive slaves.” Mr. Mallory, of Kentucky, moved to lay it upon the table — yeas sixty-six; nays, eighty-one. The question recurring on agreeing to the resolution, Mr. Logan, of Illinois, demanded the yeas and nays, and they were ordered — yeas, ninety-three; nays, fifty-five.

In the Senate, on the fourth of December, 1861, Mr. Wilson, of Massachusetts, gave notice of his intention to introduce a bill to punish officers and privates of the army for arresting, detaining, or delivering persons claimed as fugitive slaves. Mr. Lovejoy, of Illinois, in the House of Representatives, on the fourth of December, 1861, introduced a bill, making it a penal offence to capture or return, or aid in the capture or return of fugitive slaves. It was read twice, and its consideration postponed to the tenth of December. In the Senate, on the seventeenth of December, Mr. Sumner, of Massachusetts, introduced, and asked for the immediate consideration of a resolution, providing that the Committee on Military Affairs and the Militia be directed to consider the expediency of providing, by additional legislation, that our national armies shall not be employed in the surrender of fugitive slaves. Mr. McDougall, of California, objecting the resolution went over under the rule; but it came up for consideration the next, and Mr. Sumner stated that he had received communications in regard to the outrages committed in the armies. He said he was glad to know his friend and colleague, the Chairman of the Committee on Military Affairs, promised us at once a bill to meet this grievance. It ought to be introduced promptly, and to be passed at once. Mr. Cowan, of Pennsylvania, apprehended that there need be no possible difficulty whatever upon this question in any of its aspects. The resolution was agreed to.

Mr. Wilson, of Iowa, on the twenty-third of December, offered the following resolution, and demanded the previous question upon it: “That the Committee on Military Affairs be requested to report a bill to this House, for the enactment of an additional article of war, whereby all officers in the military service of the United States, should be prohibited from using any portion of the forces under their respective commands for the purpose of returning fugitives from service or labor, and to provide for the punishment ”

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