Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-01-04

District he had the honor to represent 1t will Be
Iecolected. sir, (sad he) that Gilbert Horton. a
Tree man OF color, and a citizen Of that county
and OF the State OF New York, was imprisoned
some time during the last Summer, in this CITY.
under an old law OF the State of Maryland, and
was advertised and would have been sold as n
slave to pay his Jail fees, under that law (which
seems now forms part of the code of this Dis.-
"ict) Out Tor the prompt interference of the cit-
zens OF that county, at whose solicitation il became
'ne SUBJECT OF a correspondence bel cen the Exc
curve OF The United States and the Executive Of
the stale OF New York. hold it., sir, TO be the
duty OF every Representative on this floor To
guard and protect the rights of the citizens of this
Union, SO lar as those rights may come within
the authority delegated t, Congress by the Consti-
tu'on and therefore do not deem il necessary to
apologize for bringing his subject under the con
sideration OF this House; but, from the members
individually, crave their indulgence whilst l of.
Ter the few observations which force themselves
on my mind Whatever the law il, and herever
lis origin, it could only have been intended TO ap-
ply 10 JuStt're SLAVES; any other application OF
II would be at variance with The sacred Consttu-
ton ofthe lahd, and vo I'd in itself. That il is un
constitutional, is virtually, if not expressly declared
by ihs 30 article and I'd section OF the Consti,u-
non OF the United States, by which il will be seen
thai tree CITIZEN cannot, without a trial, and
wi'houi the allegation OF crime, be condemned TO
serVitude for life. The section referred TO pro
| vides that
" ne trial OF all crimes, except in cases Of
impeachment shall be by jury; and such trials shall
be held in the State where the said crimes shall
have been committed, but when not committed
within any Stale, the trial shall be at such place
| or places as the Congress may by law have d.
r-c,ed.''
lhe 4ih, 9th, and 9th articles OF the amendments
OF mat charter, define more particularly the abso-
lutte rights OF persons, and secure 10 every f,ee
CITIZEN whatever may be his complexion, the right
|
| that
| article the Fourth
! The right of the People to be secure in Their
persons, houses, papers. and effects, against I'M
reasonable searches and seizures shall no, be VIC
lated; and no warrants shall issue, but upon pro-
oaoie cause, supported by oath or affirmation, and
particularly describing the place TO be searched,
ana The persons or things TO be seized.
-fyticle the Fifth. M
| NO person shalt be held TO answer for q capital
or Otherwise, infamous crime, unless on a present.
ment or Indictment of grand Jury. except in
cases arising In the land or naval forces in tie
militia, when In actual service, in time of war or
public danger; nor shall any person be subject, for
me same offence, to be twice put in jeopardy Of
lie or limb; nor shall be compelled, in any c.mi-
nal case, to be witness against himself. nor be de-
| prived OF life. liberty or property, without due
process OF law; nor shall private property be taken
Tor pubic Use without jus; compensation.
.aTticie the Sirn.
In all criminal prosecutions, the accused shall
ENJOY the right 10 speedy and public trial. bv an
impartial jury OF the State District wherein the
crime shall have been committed, which District
shall have been previously ascerained by law; anu
10 he Informed of the nature and cause of the ac-
cusation; 10 he coniTsnte with the witnesses
against HIM; TO have compulsory process for OBJ
tanning Witnesses in his favor; and TO have the ass
sisance OF counsel for his defence''
And, sir, by the fourth Article and second Sec
ton OF The same instrument, will be seen that
this law Is also in violation OF State Rights. The
words of the Constitutions are:
| The citizens OF each State shall be entitled 10
all privileges and immunities OF citizens in the
several States
| might add, that the continuance of such law
In that portion OF the nation especially confded to
theeTcfusiUej jurisdiction Of Congress, would beno
less impoliIic than adverse TO the motives which
conceded this inriGIcton It was certainly never
intended, that ds little space of Ten miles square
should be the grave of rights, so clearly defined
| by the Constitution; and it could still less have
been expected, 'ha; the wisdom OF Congress would
have suffered law, unjust in its operation, 10
have stained the records OF her Courts.
! That lis continuance would lie impo,ic Ts
proved by It's repeal by the very State which en-
acted it, and nigh; be easily exemplified in sup
, posing the State OF New York Wills SIS retaIia-
tory measure, to refuse TO surrender fugitive slaves
from the District; For, sir, the violation of a
riSht is Inc same, whether made in the face of law
| OF under the sanction or color Of law violating
the Magma Charta OF the nation.
The law, SIR, is unjust, because the imprson-
| ment was n OF Tor a crime, for a debt and, tie
mere circnmstance OF his not being clsimed as a
slave, could not strip the free man OF color of his
privileges as citizen of the free and independeDt
state OF New York, and create a debt to which no
tree act OF his had contributed. But, sir, were il
| Otherwise, and could demand be raised against
him by The arbitrary turn OF the iailors key, ask
and ask 1t emphaIicaliy, VIVA, civilized country,
in this enlightened age, permits the sale of the per-
son of the debtor, to satisfy the rspaciiy OF the
creditor? None.
Is a free citizen, then because his color happens
TO be dark, to be less projected by the than the
poor debtor, in the Gsngs OF a merciless creditor?
Is he to De deprived Of the privilege of visiting
your capital, lest some tip staff should plunge
| ihm INTO dungeon, to speculate his berties
or to bud him to the car of slavery? Would not
such system equally place in jeopardy the privi-
! Ieges OF the East Indian and of the citizens Of
many naions IN amy with this, as the poor sun
stricken outcssts OF Africa? Shall we longer suf-
| Ter This unconstitutional this dsgracefu offspring
OF policy, long since rel Idtsted by the enlightened
and honorable State Of Maryland, 10 cling, as an
excrescence the code of this our District?
I The Jurisprudence OF this District, SIR ought 10
be exhibited TO this country and to the world with.
out stain; its o!ec should be, not TO oppress but
TO vindicate The lights OF ireenen; and il there is
a spot on earth where those rights should be- held
sacred, that place Is the District Of Columbia
4 hope, sir, that this House will adopt the reso-