Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1848-07-21
ESS.0EAh.
SPEECH OF noN THoS. II, BAfL''

,bo alterations which were mace ~ .'e o
=. n,ss,ve through the Senate anu '"e 'io ~,
afr,rd ~ very clear conception OF me co"si"
lions which influenced Congress. nave l'ad
recourse 10 the original files Of the oeha'o' ""''
from ,hcm have made out, W tn some ca'''
<.3istoru of tie passage IF the B'H o10s'sA'4 e
~ the Siurs 1rade through ma D0ag.
4 Soo ,be 9th of December, loUb, II was refer
S<ed to committee composed oil hessFs' brau'
lee Stone, Baldwin Ga'liard ana uhes' 'a'u
ary Is, 1907, Mr.. Bradley reported WIN
sundry amendments. IN ;,,r,
framed is in the precise terms of the law as IL
.ssnw stands. So is the second with the excep
[;on that in the original bill the words "or 10
re;yn.r after the words limited States, IN
tbs second line of section ., as it now stands IN
little s Browns edition Of the Laws, were
stricken out in the House Of Representatives,
And SO in the Sd section .,.;.,
IT, Alb section as il now stands is Identical
with the original bill, with these exccPliohs-n'
ba original bin the word "cargo' occurred oe'
tueen The words cher and "tackie, III tne
1A,h line of the section as II now STANDS IN
7 ;,,le & Browns edition. That word was
s,r;cken ont and the words IN the next il'le'
"w;,b all the goods and effects which shaii De
found on board the same, were aaued' h"u
the section, from land" after The word "seizeu'
10 &C ,lor,'' at the end of the section, was ao
ded. But, as originally proposed py inc com
,n,tee of the Senate, il read III the hrs' part u
il sand neither the importer, nor claimant OF
persons D .rchasing from under either oil 'nehi.
This was charged so as to make II reau as II
now does. viz: land neither the importer, nor
an, r.-... rar-ons claiming from or under
him. And it contained the word ''""J"iunafe
hn'ba n
ed.n and i, did not contain the word "ierfito
es' between the words (which the Legislature
,f the several States and the words "at any
time hereafter" The first expression was
stricken out in the House, and the last one was
there inserted as an amendment.
THE Gin section as i, nov stands; differs from
the original bill, and as passed The Senate only
in this: tina, the offence was changed by the bolse
OF Representatives from felony 10 a high miSce'
meanor, and the punishment lIo death 10 impfi-
sonment.
The h section as originally reported, contain,
ed between the words "vffecis" and provided,
the words sand such purchaser shall, moreover,
gain no right, tile, or claim 10 the service or IA
Dor OF such negro, mula'to or person OF co'of' oy
any such purchase whatever" Tnese words
were stricken out by the Senate. And The pro
viso, which as originally repor'ed, read, Pow
ded that nothing herein contained Shall be con.
s,rued to affect the disposition any OF The L"S'sa
lures OF the several States NAV make OF any NJ
gro, mulailo, or person otcoior who unfortunate
ly NAV be imported or brought, 10 violation .!
this law, within these Safes respectively" was
changed TO the form in winch ii now stands.
The TIN section, most OF l., which relates 10 Inc
employmenr OF The navy OF The United States and
The whole Of il, beginning with The words land
the proceeds" in The 25ih Iiac, 10 the eni of The
section, was added by the Senate 10 the bill as ou
einaly reported. This later part provides Tor de-
Iyeriag over The negroes 10 he Stale authorizes,
and was made necessary by the other amend
mems.
The 9Th section, as originally reported, and as
Il passed The Senate, did not contain The p5oviso
10 that section as it now stands, bu. Il was AIDED
by The House OF Representatives.
The Glib Section with The exception OF few
verbal amendments and that The size OF The YES
sci referred 10 was reduced from fifty TO forty tons
is The same as il stands in the bill as originally
reported, and as j, passed the Senate.
The 10Th section the same reduction IN Inc
size Of the vessel was made; and The bill. as OH
einally reported 10 The Senate, contained this pro
Viso:
"P,orided, Tia, nothing contained in this act
shall prohibit any captain, master, or COMMANDER
from employing, as seamen OF marines, negroes,
mulat,oes or persons OF Color ur any person
travelling Wy vi ~ 'oo0 .iSAA ''''s
him his necessary mental servants moi exceed
ing -"
To show 10 the country a. one view precisely
what changes were made in the Ia section IN lis
passage through Congress- will hand 10 The re-
porter copy Of that section, with the Words
which were stricken gu, by the Senate IN 'tatis,
these added By The Senate in bracelets, those id
ded by The House in small capitals. and those
stricken out by the House marked win inverted
commas:
SEC. 4. And be IL further enQetcd If any citi.
zen or citizens OF the United States, or any per-
son resident within The jurisdiction OF The same,
shall, from and after The Isl day OF January, lSOS
take on board, receive, or transport from any OF
the coasts or kingdoms Of Africa, or lf2m any
other foreign kinsdom, place or country, any ne
gro mnlatio or person of color, IN any snip or
vessel Tor the purpose OF selling them ~ any porl
or place within the jurisdiction OF Inc jared
Saes, as slaves, or TO be held 10 service or labor,
or shall be in any ways aiding or abe,'inr there.
TO- such ctiz.n, or citizens or person, shall Sc.
veraliy forfeit and pay IS 600; one mu'ety thereof
to The use OF any person, or persons. who shall
rue for and prosecute the 10 effect; and eve-
nv such ship or vessel, in which such negro, me-
la,,o, or person OF color shall have been taken on
board, received, or Transported, as Aforesaid, her
cargo, tackle, apparel and furniture, and Inc
goods and effects which shall he found on board
The same, shall be forfeited 10 the United States,
and shall be Liable 10 be seized, prosecuted and
condemned in any .. the circuit coui's Or district
courts in the district where sucn snip may be
found or seized. And neither the importer, nor
auy person or y, sons lainins from or under
him, shall hul! 40 right OF title Whatever 10 auy
negro, mniatio u person of color, nor 10 tne ser
vice or labor hereof, who may be "uniornnatc
"" imp aFed ur brought within the United States
or Territories thereof in violation of this la~;
but the sane shall remain subject 10 any rcsaia
tons no, conraveains lhs provisions o! this ac,
which the Legislatures OF lne several Slaes az
TERR,ToRIEs al any time hereafter may maSa IA;
disposing OF any such negro, nuiai'o cr person
Of co,or."l
From these proceedings, it will be seen that The
bill al originally reported 10 the Senate, and The
bill in the House, was precisely similar, and pro
yded that i.ic negroes, n wei ds N: vessel, &c,
should b. i1sieei aud Sold tor the benefit OF the
Uni,ed States. Bo, as Conarcss lid nUl wish
itself 10 become secondari!y engaged 10 We Save
trade, aslne British government. aas .one II Eef
act for sup2resslng 4, aud make rr'il -; +" "
sale of the negroes The word cargo" ras - 'S-
en- out. II nothins more had heca dln", 'Ar
would have been 40 legal rcsnla'i' u sna'evef
aS - h nr:socs imported. Tne'c:"r-. j So
Necessary ~ something more shond o. q : =
Wei wh, i, Congress would have b-en met
II xL,a> "a and doubtless would nave don, u
i IA! :Annsn that ii mad full power over the sab
ice : 3ri nd all question, 10 have emancipaied
In rsgr,s,. They showed this disposition Iwo
yes,. .rio-c, in the law 10 which III s-n.'eman
from Maine referred. Blu, after srcal delbeta-
,ioa, Congress decided thu; it had no jurisdiction
nv.r p"f>.qs in the States or Territories and tat
IN. ne.Ia,.. AZ soon as lh.y acre landed within
the Ii nj oi either, became ubjecI exclusively
10 their legislation. Congress could, b5trs they
were brought within tie State or territorial jars
diction, have emancipacd them, and sent them
back 10 Africa; bul, IN rsasoas which Mr.. Giles
states 10 which shall refer in mo:nea; this
was considered impTae;icable. And therefore,
the Senae ad.ed The sec,,on leaving ,hen t
such disposition as the SAFES AM Territories
should make of Them | SAY Sta!es AM Fsr'o-
ries. bnt the Senate doubtless meant 70 inciadc
the Territories in The woid SAFES The Terrio-
riss, at that time, particularly Louisiana aud