Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-01-13

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SATURDAY. JANUARY Is, 1897.
FREE PERSONS OF COLOUR IN WASHINGTON.
The Committee on the District of Columbia,
to whom was referred resolution directing the
Committee 20 inquire whether there be in force
in he said District any law which authorizes
The Imprisonment Of any free man Of colour,
and his sale as an unclaimed slave for Jail fees
and other charges; il 50, to inquire into the ex-
psdiency ofrepealing the same, REPORT:
: That under certain provisions Of existing
laws in 3he Distric, of Columbia, relating to the
apprehension and disposal Of Tun away slaves,
il might possibly occur, that free man Of CO.
Tor might be aPpreheDded as fugitive slave,
and eventually solda as such, If found going at
large In the District of Columbia without any
evidence OF freedom, and unable to procure
such evidence. The Committee, however, be-
lieve such an event beyond all rational probabi-
ity 10 this District, as in all the slave-hold-
ing states in the Union, the legal presumption
is, tina, persons Of color going at large without
any evidence Of their freedom are absconding
slaves, and prima facie liable to all the legal
provisions applicable to that class Of persons
This presumption results from the relations Of
the white 10 The slave population, is essential
founded upon immemorial usage in both the
adjoining states of Maryland and Virginia, and
has been recognized and sanctioned by repeat
ed decisions OF the highest judicial tribunals Of
the latter state. The Committee concur in O.
pinion, that this presumption is essential to the
rights and interests ofthe slave proprietor, and
is in strict conformity with the Legislative poll
cy Of those states where large portion OF the
population are slaves; and although it may &C.
casionally operate as temporary hardship up
On free persons of colour migrating to slave
holding states, from states in the Union where
there exists no provision Of law for the register
Of the evidences Decentralization or OF freedom,
they cannot recommend an abrogation OF this
long established principle.
While the Committee deprecate the exist
ence OF slavery in the United States, they re-
gard the subject and every measure Of policy
connected with it, as belonging exclusively to
the municipal Legislation of the state govern
men,s, where slavery exists; and although the
Congress of the United Ssates has biz The ean--
s<fsnI;on exelnaiua jurisdiction over this Dis-
trict, and has the power upon this subject, as
upon all other subjects of legislation, to exer-
else unlimited discretion, yet the committee do
not feel themselves warranted in recommending
an abrogation of this legal presumption within
the District Of Columbia. The District is sur
rounded on all sides by the states of Maryland
and Virginia, slave-holding states, to a great
extent, and is situated in the heart Of large
slave population. To establish by law the prin-
.c;ple here, that all persons Of colour, when
found wandering at large, strangers and un-
known within the District, are to be presumed
and received as free until the contrary is shown,
would make il the favorite resort-in fac, would
make it the rece p,acle Of fugitive slaves, TO the
srea, loss and constant vexation Of slave owners
throughout the southern states, and to the in
supportable annoyance Of the inhabitants OF the
District. fsys@
The Committee have been induced TO make
these preliminary remarks, because it will be
found, tina. thegexisting laws in the county Of
Washington, enacted by the State Of Mary and.
and in the county ofAlexandria, enacted by the
State osVirginia, are based upon the presump-
,ioa, that all persons Of color slaves ill the
contrary are shown. These laws are evidently
intended, no, so much 10 abridge the rights or
restrain the privilege OF free persons of color,
as to prevent slaves from escaping from their
owners, and TO secure their apprehension when
they do abscend. In the county Of Alexandria,
where the laws Of Virginia prevail as they
were at the time Of the cession, slave may be
emancipated by will or deed, in writing under
the Rand and seal Of the owner, proved by two
witnesses, or acknowledged by the party exc
cutting it in the Court Of the county where the
ensancipa,or resides, the emancipa,ed person is
TO be furnished with copy Of the evidence Of
emancipation thus recorded-the same law
provides, that If any emancipated slave be found
travelling out Of his county or the county OF
his residence, without his copy Of the registered
evidence of his emancipation, that i, shall be
the duty of any Justice OF the peace TO commit
the per son SO offending to Jail, there to remain
until such copy is produced, and the jailor's
fees paid.
In the law regulating the police Of the towns,
and to restrain The practice Of negroes going at
large within the State Of Virginia, which is the
present Law of the county of Alexandra, for
the protection and security Of free negroes it is
provided, that free negroes and mulaitoes are
to have themselves registefed and numbered in
the office Of the clerk a county, & e,to be
annually furnished with s&cpy Of such register.
Thesame law imposes 6ne upon any personsul-
ploying free negroes sithoat such certificate Of
register, and justices Of the peace are required
to commit such free negroes As are found with
out such certificate until il is obtained. The
Clerk Of the county Of Alexandra informs the
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