A Documentary History of the American Civil War Era: Volume 1, Legislative Achievements

Abolishment of Slavery in the District of Columbia Act, April 16, 1862

AbolisHment of slAvery in tHe district of columbiA Act, April 16, 1862 U.S. Statutes at Large 12:376–78. While enormous controversy swirled for at least a decade around the issue of Congress’ power to prohibit or provide for slavery in the western territories of the united States, an issue that Chief Justice Roger B. Taney and a majority of the united States Supreme Court sought to “solve” with their ill-fated 1857 Dred Scott v. Sanford, 19 Howard (60 u.S.) 393, decision, no one doubted that Congress could legislate for the federal city—the District of Columbia. earlier efforts to abolish slavery in the District of Columbia had failed, such as the 1849 bill that one-term Congressman Abraham lincoln from Illinois voted for, the southern bloc in both the House of Representatives and the Senate managing to defeat every effort. As part of a series of bills passed by Congress that came to be known as the “Compromise of 1850,” which amounted more to an “Armistice of 1850,” as historian David Potter called it, Congress abolished the slave trade in the District of Columbia , but not slavery itself. Starting in 1861 with southerners absent from Congress because of their alleged secession, the rest of Congress had an opportunity to rid the capital city of the institution of slavery, and they did so in the form of compensated emancipation. As property, slaves had enormous value and in this early part of the war, respect for private property rights—even slave property—held sway over any moral sentiments about slavery . Thus, this bill provided loyal persons only (not those District of Columbia residents who supported the rebellion or who took up arms and could not swear a loyalty oath) a process for applying for compensation for their freed property. Congress appropriated one million dollars to cover the cost of this compensated emancipation and it set the maximum amount for the price for any one slave at $300. Section 8 of this act made it a federal felony to kidnap free persons and present them as alleged slaves for the purpose of collecting compensation, and Section 11 committed Congress to appropriate $100,000 for the cost of relocating and transporting Documentary History of the American Civil War era 52 freed slaves “to the Republic of Hayti or liberia, or such other country beyond the limits of the united States as the President may determine.” While not the dramatic war powers emancipation of President lincoln on January 1, 1863, this act would have been unthinkable in Congress just a year earlier. Thus, this piece of legislation demonstrates the drift of the country on the issue of slavery, and slavery’s uncertain future in the united States. Chap. lIV.—An Act for the Release of certain Persons held to Service or Labor in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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...