The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-03


peyauey necessary to prevent an sodson Of the poh
bhoE in fact to prevent its being dead letter. " what
would the first prohibition have been II the io!egn
slaves coust have been imported into Georgia or nouln
Carolina and from thence removed 10 Orleans Jerrtoy
II would have had the effect merely OF giving to those
ss,ss monopoly S The slave aae ana bs q
sisspp act OF 1913. The second prohibition was there
fore, for The same object as the first And these proh.
the ordinance OF 1851 They ALL to borrow his
language, (see note d. eveed against the foreign slave
trade alone and operated to discourage by narrowing
the space open Tor the reception OF slaves and without
any violation of the constitutional nierdict
Besides the obvious distraction with respect to the dan
ger to be apprehended, and as to usefulness in new and
spar sely populated Territory between native slaves
ed by and with their masters and attached them and
whose characters had been tested, and foreign slaves
Gently imported from Africa, or st. Domingo, else
where. qualities this provision as municipal police reg
uation merely. Nobody doubts that the States as to
themselves and that Congress or the Territorial legis
atures as to Territories competent to pass laws
excluding the introduction OF fon and insubordinate and
dangerous slaves, they could exclude the introduction
OF infectious or dangerous DISEASES That would be
cessHY The Supreme Court has sustained ths power OF
regulation other subjects dangerous or preudcia
to the States, though articles of Importation" No at
tempt was made in the of IDS to native slaves
those imported port 1884, those imported subsequent
to 1877 and prior to its date The provisions before no.
ced in the OF 1904 do not attempt to restrain the
tive slaves those imported prior to ISL or those I'M
ported subsequent to 1857 and prior to LIST May l79S 1t
did not exclude slavery recognised IL and merely re-
qured slave have been in the country sir years at
least to allow his introduction into the Territory SO,
too the third prohibition, OF all slaves being brought in
ment," and by " clizens,'' bona fde owners" may
be defended on the same grounds. It was to, pre-
vent the introduction OF felon or insubordnate slaves
by traders for sale merely, and e get rid OF them in the
States. The only way to inhlblt such slaves is by
such law. Then the and settler becomes an IN
surer or security for the slaves he introduces This
municipal police regulation, preventing the ter-
tory being made the market for such slaves, most danger
Gus to in its infancy, and when thnly populated by the
have had laws of like import and they are wise and sal
utary laws For one, will not object to such law as to
all these territories 1t is not the exercise OF sovereign
power; it is of the municipal law-maklns authority;
they are police regulations only. -
Without these two last provisions the trst prohibition
would have been essatlye encouragement 10 the ios
mtee OF the House Of Representatives, December ~.
1905, (Amercan State Papers, Tit Miss vol !, 45l)
were aimed exclusively at the foreign slave trade. or
police regulations TO exclude improper persons
1t states that these provisions Of the act OF 1901 were IN
force but ew mois before they were repealed by the
act OF Sd March, 1905 though the honorable senator
from New York Mr. ,Dlx] holds different opinion
The act Of 1905 expressly in the 5h section repuates
ries OF Orleans and district of Louisiana In my ludg-
ment the judicial decision he cited from Martins Re.
Slaves and slavery We're merged the general slave trade
that went into effect in 1905, strongly fordes Mr. Mad
sons opinion that have quoted, as to the OBJECT anu
effect OF the ordinance of 1857, and shows that all OF the
legislation of Congress directed to the foreign slave
trade and suppress it, far could be done
within the nterdic and that before and since lSoS,
the foreign trade is the limit OF its authority lexcude
from this merger the act OF 1903 respecting The bringing
in OF free negroes &c., and include in the power that
Of making needful police rules and regulations, excu
ding feons &c., from Territories These provisions are
all within this scope, and repeat give no sanction to
The attempted exercise of the power OF excluding slaves
being removed TO Territory from slave stats, by
citizen owner for actual settlement and of excluding all
slaves and slavery forever from such Territory
The relating TO Alabama, Missouri, Arkansas and
do tho uarna those n IS-
,ssippi and Orleans, confined to the first prohbi-
lion OF foreign importations into those Territories
Mississippi act of 170S, and the first prohibition in the
orleans act of 1884, and imposes the same penalty OF
$780, and frees the slave There were two acts OF the
same import to Florida; one in 1922 and the other in
1923 Being after the slave acts OF 1907, OF 1918.
1919, and 1920, and being to importation OF foreign
slaves only and these general laws beng also extended
ion death; and another subectng the offender Tor the
same offence to a fine OF $500 only The passage OF
his law after 1885, is to me ineXpcable but 1t merits
he same consideration the others referred to-. 1t is
precedent for any legislation except to the foreg"
aaUe trade
Mr. President. with this expression, of my views on
he main question involved in this bill, and the amend
nents offered to it, will state some objections l
lave to some details of this bill.
Heretofore on the 3lst Of May and ID of June last,
Ind previously stated objections had to the details Of
,s before under discussion here, organizing the terrific
ia government of Oreson which are in several respects
similar to the present Most OF my objections were OBJ
rated by amendments reported by the Judiciary Commit
zee February TO- lsl7 to the Oregon bill then before the
Senate | will not present and argue special demurrer
Is to those details, but desire to notice some OF its OBJ
cctonable features, and to excuse myself Tor the vote
shall give for the bill with them in it. If the main ques
ion is properly adjusted these defects can be amended
hereafter tI rr .s s.r Il.
All of the bills reported as to Territories heretofore
eserve ueto or annulng power as to the territorial
egisaton Congress regard the true policy TO be TO
prescribe general rules and regulations, and leave
ormty by the territorial legislation to the limitations
hey prescribe to be enforced by the judiciary Expert
,nce has satisfied that this reserved power to Con-
yress is either useless pernclous 1t is not likely to
DC exercised in that it should be- 1t is most likely
10 be exercised in that should not be- will in
stance cases in illustration of this assertion The Flori-
la territorial legislature, without authority, as have be-
fore sad chartered three faith bond banks, issued bonds
and guarantees for millions to the banks certain
tons and pledged the faith OF the Territory for their
payment Those acts were usurpations They were
brought the notice Of Congress forthwith. Congress
neglected attending to them. What everybody's
business nobody's They were not annulled or
and passed law prohibiting the territorial legislature
from passing any bank charter without its express sane
ton but il positively refused to NEEDLE with the former
banks Florida, because they had gone into operation
This was in 1896. Those banks all failed and now the
holders of the territorial bonds calling on Congress
for payment of their bonds AS to what you should or
should not do, | shall not express any OPINION
Had your powers been exercised when the laws were
s. submitted to you there would have been no trouble
That is one case on one sde and will state the
other site The Legislature passed laws IN effect
inposnp a tax of Sl0 Sl5 negroes brought into
Florida from the States for sale merely and by traders
The influence of the traders the States caused this law
10 be annulled and strange to say in part by votes
=. Of hta in q