American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1827-01-02
Volume VI.
Nineteenth Congress, Second Session
Tuesday DECEMBER &c.
HOUSE OF REPRESENTATIVES.

HOUSE OF REPRESENTATIVES,.
Laws or THE DISTRICT OF COLUMBIA.
Mr. Yard offered the following resolution
Resolved, That the Commitiee on the District OF
Columbia be directed TO inquire whether there be In
force, in the said District, any law which authorizes
the imprisonment of any free man oil color, being
citizen Of any OF the United States, and his sale as
an unclaimed slave, Tor gaol fees and other charges
and, if so. to inquire into the expedency OF repeal
ing the same.
In presenting this resolution to the consideration
of the House. Mr.. Ward said he impelied no
less by sense Of duty than by obligation 10 obey
the instructions OF the Citizens of the county OF
West Chester, which composed part OF The Dis
trict he had the honor to represent It VIII be re-
collected, sir (said he) that Gilbert Horton. free
man OF color, and q citizen OF that county and OF
the State Of New York was imprisoned some time
during the last Summer, in this city, under an cid
law of the State OF Maryland, and was advertised,
and would have been sold as slave TO pay his Jail
fees. under that law, (Which it seems now iorms
part OF the code Of this Dssticf but for the prompt
interference OF the citizens Of th2t county at whose
solicitation il became the subject OF cntrespon-
dence between the Executive OF the Uniied States
and the Executive OF the State of New York. l
hold it, sir, be the duty OF every Representative
on this floor 10 guard and protect the rights OF the
citizens OF this Union, so far as those rights may
come within the authority delegated to ConEtessby
the Constitution and therefore do not deem neces-
sary to apologize Tor bringing this subject under the
consde alton Of this House; but from the members
individually, crave their indulgence whilst otter
the few observations which force themselves on my
mind. Whatever the law ia, and wherever lis
origin, i. could only have been intended 10 apply to
! fuGtire sfares any other application OF II would
be at variance with the sacred Constitution OF the
land and void in itself. That il is unconstitutional,
is virtually. if not expressly declared by the Sc
article and Cd section OF the Constitution oil the Unit
n =. h.p Thar irea "a.
zen cannot, without trial. anc without the al'rga-
ton Of c.me. be condemned to sersitude Jor aye.
The section referred 10 provides that
The trial of all crimes, except II cases OF impesch-
men shall be by jury and such trials shall be held ~ the
State where the said crimes shall have been committed
but when not committed within any State, the trial shall be
az such place or places as the Congress may BY law have
directed
The 4th. 5th, and 9th articles OF the amendments
of that charter, define particularly the absolute
rights of persons, and TO every Tree citizsns
whatever may be his omplexion, the right OF perso-
nal security personal liberty and private property
These articles declare as lollows-that
I .4syiele he Fourth.
The right of the People to be secure IN their persons,
houses, papers, and effects against unreasonable searches
and seizures shall not be violated and warrants shall
issue, but upon probable supported by oath or at
rmalon, and particularly describing the sce 10 be search
ed and the persons or things TO be seized
I .7rticic lie Fiji.
No person shall be held TO for capital or other
wise infamous crime utless presetnent or indic
ment OF grand jury except IL arising in the land or
naval forces the militia, alea in actual service in time
Of public dangers sal any person be subject,
for the same offence, to ~ wee put ~ jeopardy q NE or
limb shall be compelled in any criminal CASE. 10 be
witness against himself nor be deprived ct life. liberty, or
property, without due process Of law: shall private
property be taken for public use without just comensa-
ion
.7,tice The s,rtl.
In all criminal prosecutions, the accused shall ENJOY the
right speedy and public trial. by impartial jury of
the District wherein the crime Shall have been
committed which District shall have been previously ascer
aned by law and to be informed of the and
If the accusation; 10 be confronted with the Witnesses
against him; TO have compulsory process for obtaining
his ta,or and To have the assistance OF counsel
for his Defence"
And sir, by the fourth Article and second Section
Of the sane instruments it will be seen that this law
is also in violation Of State Rights. he words Of
the Constitution are:
ssTle citizens of each State shall be entitled to all rrivi-
eges and mmunites Of citizens in tie several States"
nigh. add that the continuance Of such law
in that portion of the nation especially conhdsd 10
the erclusire jurisdiction If Congress. would be no
less impolitic ,han adverse 10 the motives which
conceded this jurisdiction. 1t certainly never
intended that the 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
r expected that the wisdom Of Congress would have
suffered law, unjust in its ration, 10 have
stained the records Of her Courts.
That its continuance would be impoltlc is proved
by its repeal by the very State which enacted it, and
d might be easily exemplifed, in surprising the State
e Of New York wills, retalatory measure. TO re-
fuse 10 surrender fugitive slaves from the District
For sir, the violation of rig ut is the same, whether
made in the face Of law. under the sanction or
o color Of law violating the Magma Charta oil the
:. nation.
The law, sir. is unjust, because the imprisonment
!. was not for crime, for debt and. the mere
|, circumstance of his not being clan ed as slave,