ight have been expected to be doubtful,
virtually settled the question by casting 17 yeas against 6 nays.

[Footnote 28: _Annals of Congress_, 1806-1807, p. 174.]

[Footnote 29: _Ibid_., pp. 238, 239.]

When the consideration of the bill was resumed on January 7, Mr. Bidwell
renewed his original attack by moving to strike out the confiscation of
slaves; and when this was defeated by 39 to 77, he attempted to reach the
same end by a proviso "That no person shall be sold as a slave by virtue of
this act," This was defeated only by the casting vote of the Speaker. Those
voting aye were all from Northern states, except Archer of Maryland, Broom
of Delaware, Bedinger of Kentucky and Williams of North Carolina. The noes
were all from the South except one from New Hampshire, ten from New York,
and one from Pennsylvania. The outcome was evidently unsatisfactory to the
bulk of the members, for on the next day a motion to recommit the bill to
a new committee of seventeen prevailed by a vote of 76 to 46. Among the
members who shifted their position over night were six of the ten from New
York, four from Maryland, three from Virginia, and two from North Carolina.
In the new committee Bedinger of Kentucky, who was regularly on the
Northern side, was chairman, and Early was not included.

This committee reported in February a bill providing, as a compromise, that
forfeited negroes should be carried to some place in the United States
where slavery was either not permitted or was in course of gradual
extinction, and there be indentured or otherwise employed as the President
might deem best for them and the country. Early moved that for this there
be substituted a provision that the slaves be delivered to the several
states in which the captures were made, to be disposed of at discretion;
and he said that the Southern people would resist the indenture provision
with their lives. This reckless assertion suggests that Early was either
set against the framing of an effective law, or that he spoke in mere blind
rage.

Before further progress was made the House laid aside its bill in favor of
the one which the Senate had now passed. An amendment to this, striking out
the death penalty, was adopted on February 12 by a vote of 67 to 48. The
North gave 31 ayes and 36 noes, quite evenly distributed among the states.
The South cast 37 ayes to 11 noes, five of the latter coming from Virginia,
two from North Carolina, and one each from Delaware,