Part 18

THURSDAY, January 26.

Erection of Louisiana into two Territories.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and a motion was made to amend the bill, by inserting the following as section eighth:

“That it shall not be lawful for any person or persons to import or bring into the said Territory, from any port or place without the limits of the United States, or to cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing any slave or slaves; and every person so offending, and being thereof convicted, before any court within the said Territory, having competent jurisdiction, shall forfeit and pay, for each and every slave so imported or brought, the sum of ---- dollars, one moiety for the use of the United States, and the other moiety for the use of the person who shall sue for the same; and every slave so imported or brought shall thereupon become entitled to, and receive his or her freedom.”

Whereupon, a motion was made to amend the amendment by striking out, after the words “port or place,” the words “without the limits of the United States,” and insert in lieu thereof, “for sale.”

A division of the question was called for, and that it be taken on striking out; and, on the question, Shall the words be struck out? it passed in the negative,--yeas 6, nays 22, as follows:

YEAS.--Messrs. Baldwin, Bradley, Ellery, Jackson, Israel Smith, and Samuel Smith.

NAYS.--Messrs. Adams, Anderson, Armstrong, Breckenridge, Brown, Cocke, Condit, Franklin, Hillhouse, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, John Smith, Stone, Venable, Wells, White, and Worthington.

On motion to agree to the original amendment, it passed in the affirmative--yeas 21, nays 6, as follows:

YEAS.--Messrs. Anderson, Armstrong, Breckenridge, Brown, Cocke, Condit, Franklin, Hillhouse, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, John Smith, Stone, Venable, Wells, White, and Worthington.

NAYS.--Messrs. Adams, Baldwin, Bradley, Ellery, Jackson, and Israel Smith.

MONDAY, January 30.

Erection of Louisiana into two Territories.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and a motion was made to amend the bill, by adding the following to the new section, adopted as section eighth:

“And be it further enacted, That no male person brought into said Territory of Louisiana, from any parts of the United States or Territories thereof, or from any province or colony of America belonging to any foreign Prince or State, after the ---- day of ---- next, ought or can be holden by law to serve for more than the term of one year, any person as a servant, slave, or apprentice, after he attains the age of twenty-one years; nor female in like manner, after she attains the age of eighteen years, unless they are bound by their own voluntary act, after they arrive to such age, or bound by law for the payment of debts, damages, fines, or costs: Provided, That no person held to service or labor in either of the States or Territories aforesaid, under the laws thereof, escaping into said Territory of Louisiana, shall, by any thing contained herein, he discharged from such service or labor, but shall be delivered up in the manner prescribed by law.”

It passed in the negative--yeas 11, nays 17, as follows:

YEAS.--Messrs. Bradley, Brown, Ellery, Hillhouse, Logan, Olcott, Plumer, Potter, Israel Smith, Wells, and Worthington.

NAYS.--Messrs. Adams, Anderson, Armstrong, Baldwin, Breckenridge, Cocke, Condit, Dayton, Franklin, Jackson, Maclay, Nicholas, Pickering, John Smith, Samuel Smith, Venable, and White.

A motion was made to amend the bill, by adding to the end of section eighth, last adopted, the following:

“That it shall not be lawful for any person or persons to import or bring into the said Territory, from any port or place within the limits of the United States, or cause to, or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing any slave or slaves, which shall have been imported since the ---- day of ---- into any port or place within the limits of the United States, from any port or place without the limits of the United States; and every person so offending and being thereof convicted, before any court within the said Territory having competent jurisdiction, shall forfeit and pay, for each and every such slave so imported or brought, the sum of ---- dollars; one moiety for the use of the person or persons who shall sue for the same. And no slave or slaves shall directly or indirectly be introduced into said Territory, except by a person or persons removing into said territory for actual settlement, and being at the time of such removal bona fide owner of such slave or slaves; and every slave imported or brought into the said Territory, contrary to the provisions of this act, shall thereupon be entitled to and receive his or her freedom.”

And a division was called for, and that the question be taken on the first proposition, ending with the words, “sue for the same:” and, on the question to agree to this first division of the amendment, it passed in the affirmative--yeas 21, nays 7, as follows:

YEAS.--Messrs. Anderson, Armstrong, Bradley, Breckenridge, Brown, Cocke, Franklin, Hillhouse, Logan, Maclay, Nicholas, Olcott, Pickering, Plumer, Potter, I. Smith, John Smith, Venable, Wells, White, and Worthington.

NAYS.--Messrs. Adams, Baldwin, Condit, Dayton, Ellery, Jackson, and Samuel Smith.

A motion was made to strike out all that follows the word “and,” in the second division of the amendment, for the purpose of a further amendment; and after debate, the consideration of the subject was postponed.

TUESDAY, January 31.

Erection of Louisiana into two Territories.

The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof; and a motion was made to strike out the last division of the amendment proposed yesterday, to wit:

“And no slave or slaves shall, directly or indirectly, be introduced into said Territory except by a person or persons removing into said Territory for actual settlement, and being, at the time of such removal, bona fide owner of such slave or slaves; and every slave imported or brought into the said Territory, contrary to the provisions of this act, shall, thereupon, be entitled to, and receive, his or her freedom;” and to insert the following: