3. Forfeiture, imprisonment from 5 to 10 years, and fine of $1000 to $10,000 (amendment to amendment of Senate bill: _Ibid._, pp. 228, 483).

4. Forfeiture, imprisonment from 5 to 40 years, and fine of $1000 to $10,000 (Chandler's amendment: _Ibid._, p. 228).

5. Forfeiture of all property, and imprisonment (Pitkin: _Ibid._, p. 188).

6. Death (Smilie: _Ibid._, pp. 189-90; bill reported to House, Dec. 19: _Ibid._, p. 190; Senate bill as reported to House, Jan. 28).

[34] Smilie: _Annals of Cong._, 9 Cong. 2 sess. pp. 189-90.

[35] Tallmadge: _Ibid._, p. 233; Olin: _Ibid._, p. 237.

[36] Ely: _Ibid._, p. 237.

[37] Smilie: _Ibid._, p. 236. Cf. Sloan: _Ibid._, p. 232.

[38] Hastings: _Ibid._, p. 228.

[39] Dwight: _Ibid._, p. 241; Ely: _Ibid._, p. 232.

[40] Mosely: _Ibid._, pp. 234-5.

[41] Tallmadge: _Ibid._, pp. 232, 234. Cf. Dwight: _Ibid._, p. 241.

[42] Varnum: _Ibid._, p. 243.

[43] Elmer: _Annals of Cong._, 9 Cong. 2 sess. p. 235.

[44] _Ibid._, p. 240.

[45] Holland: _Ibid._, p. 240.

[46] Early: _Ibid._, pp. 238-9; Holland: _Ibid._, p. 239.

[47] _Ibid._, p. 233. Cf. Lloyd: _Ibid._, p. 237; Ely: _Ibid._, p. 232; Early: _Ibid._, pp. 238-9.

[48] _Ibid._, p. 484.

[49] This was the provision of the Senate bill as reported to the House. It was over the House amendment to this that the Houses disagreed. Cf. _Ibid._, p. 484.

[50] Cf. _Annals of Cong._, 9 Cong. 2 sess. pp. 527-8.

[51] _Ibid._, p. 528.

[52] _Ibid._, p. 626.

[53] _Ibid._

[54] _Ibid._

[55] _Ibid._, pp. 636-8; _House Journal_ (repr. 1826), 9 Cong.

2 sess. V. 616, and House Bill No. 219; _Ibid._, 10 Cong. 1 sess. VI. 27, 50; _Annals of Cong._, 10 Cong. 1 sess. pp.

854-5, 961.

[56] On account of the meagre records it is difficult to follow the course of this bill. I have pieced together information from various sources, and trust that this account is approximately correct.

[57] Cf. _Senate Journal_ (repr. 1821), 9 Cong. 2 sess. IV., Senate Bill No. 41.

[58] _Annals of Cong._, 9 Cong. 1 sess. p. 438. Cf. above, -- 53.

[59] This amendment of the Committee of the Whole was adopted by a vote of 63 to 53. The New England States stood 3 to 2 for the death penalty; the Middle States were evenly divided, 3 and 3; and the South stood 5 to 0 against it, with Kentucky evenly divided. Cf. _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. 504.

[60] _Ibid._, V. 514-5.

[61] The subst.i.tution of the Senate bill was a victory for the anti-slavery party, as all battles had to be fought again. The Southern party, however, succeeded in carrying all its amendments.

[62] Messrs. Betton of New Hampshire, Chittenden of Vermont, Garnett and Trigg of Virginia, and D.R. Williams of South Carolina voted against the bill: _House Journal_ (repr. 1826), 9 Cong. 2 sess. V. 585-6.

[63] _Annals of Cong._, 9 Cong. 2 sess. pp. 626-7.

[64] The una.s.signed dates refer to debates, etc. The history of the amendments and debates on the measure may be traced in the following references:--

_Senate_ (Bill No. 41).

_Annals of Cong._, 9 Cong. 1 sess. pp. 20-1; 9 Cong. 2 sess.

pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93, etc.

_Senate Journal_ (repr. 1826), 9 Cong. 1-2 sess. IV. 11, 112, 123, 124, 132, 133, 150, 158, 164, 165, 167, 168, etc.

_House_ (Bill No. 148).

_Annals of Cong._, 9 Cong. 1 sess. p. 438; 9 Cong. 2 sess. pp.

114, 151, 167-8, 173-4, 180, 183, 189, 200, 202-4, 220, 228, 231, 240, 254, 264, 266-7, 270, 273, 373, 427, 477, 481, 484-6, 527, 528, etc.

_House Journal_ (repr. 1826), 9 Cong. 1-2 sess. V. 470, 482, 488, 490, 491, 496, 500, 504, 510, 513-6, 517, 540, 557, 575, 579, 581, 583-4, 585, 592, 594, 610, 613-5, 623, 638, 640, etc.

[65] _Statutes at Large_, II. 426. There were some few attempts to obtain laws of relief from this bill: see, e.g., _Annals of Cong._, 10 Cong. 1 sess. p. 1243; 11 Cong. 1 sess.

pp. 34, 36-9, 41, 43, 48, 49, 380, 465, 688, 706, 2209; _House Journal_ (repr. 1826), II Cong. 1-2 sess. VII. 100, 102, 124, etc., and Index, Senate Bill No. 8. Cf. _Amer. State Papers, Miscellaneous_, II. No. 269. There was also one proposed amendment to make the prohibition perpetual: _Amer. State Papers, Miscellaneous_, I. No. 244.

[66] Toulmin, _Digest of the Laws of Alabama_, p. 637.

[67] _Laws of North Carolina_ (revision of 1819), II. 1350.

[68] Prince, _Digest_, p. 793.

[69] Fowler, _Historical Status of the Negro in Connecticut_, in _Local Law_, etc., pp. 122, 126.