The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-12


own Stale there statutes under which the master for
eits his right TO the slave When. for instance.
ter makes emancipation without following the proys.
ions OF the statute upon that subject he torfets his IN
erest In his slave; but the slave is not treated as free
man. bat Is treated slave and disposed oil according
% lay ior the benefit Of the public Indeed, i would be
nahhesy strange mode OF proceeding, the law Delng
Intended TO restrict emancipation, and requiring previous
conditions 10 render the emancipation valid, il an invalid
emanclpaon should nave the effect OF accomplishing tho
object the law Is intended prevent that is the accu
mutation OF the free black population Therefore our
law saiea !ne master a. haying by his attempted eman
required the slave to be sold know the difficulty OF
shaping any provision of that kind in this District and
therefore, as said do not propose to make any objec-
lion 10 the bill stands though really think Il
liable to exception, and wouh object il any pro-
vision could be introduced as substitute in the existing
/ state OF things.
But rose to say TO my friend from Maryland [Mr.
PEARcEl that if his amendment to prevail it ought to
be in such form 10 furnish etecual punishment
for aviolaton OF this law II this bill passes, and il
prohibits the foreign slave trade in the District OF Coum
bia, wish II 70 pass IN form that VIII be etfclent
Now, think there two objections to his amendment
as stands In the first place, fine OF from one hundred
ITO five hundred dollars, at the discretion OF the court 10
not sufficient punishment think. on the contrary,
that If any knowing OF the existence OF this law will
voluntarily set himself up in opposition to IL and bring
his slaves here contrary to the expressed determination of
Congress with regard to the Internal regulation OF this
District he ought be severely and efectually punished
The hne therefore, in my Judgment is too small In the
next place. think the mode OF recovery is wrong. The
ofenderis to be proceeded against by indictment Who
is going to undertake. TO prosecute him Who has any
motive or interest toundeitake Who is to lodge in
| formation ! Who is 70 collect evidence We are
Obliged, under such circumstances appeal to the pc
CANARY interests OF and therefore, II the penalty is
to be pecunary one would make the hne one thou
sand dollars In every and make recoverable at the
instance OF common ntormer by action OF debt DO
that, and you will find no difficulty at all You would
nad Sey woa ed e
do by the prospect OF advantage held out 10 them par
sonally But have strong belief that the provision
will not be eectuaI il left be carried into operation
Mr. CLAY The objections stated by the senator from
North Carolina, arising from the accumulation OF free
persons OF color will think, refecon appear to be
not well founded venture to say that if this bill shall
pass and be duly promulgated, there will not be
slave introduced perhaps n twenty years Then. in
gard to the prosecution, there is another difficulty.
person worth nothing may bring slave into the District
in violation OF law and you may catch him, prosecute
him, and get Judgment against him; but, after all, you
will get nothing out of him am told by my friend be-
fore me Mr. SpRuAkcE that this is the law Of the State
of Deawarehat il any slave is brought in, in contra
venon OF IFS laws he is free This an ancient mode
OF legislation, and prefer 70 adopt it.
Mr. EWING. think, Mr.. President the bill as sit
stands far preferable TO the amendment The great ad
vantage OF that it executes itself 1t will necessarily
prevent the slave trade at which i IS aimed for no man
will become Tree. If, by the judgment OF the court. he
becomes free man. he is free man GREATER, whereso-
ever he may be. Having been free, he must be re-
duced TO bondage before he become slave. This
perfect knowledge, upon the part OF Shareholders, that
slave brought into this District will become Tree man. TO
vent their bringing them in, and save the trouble OF the
machinery for enforcing the law. think, therefore, that
the Pill 4 better ms = osesa to hi. provision
stands ths 1t lays the foundation for malicious
vindiclive, and speful suits You bring your servant
here aud some man tells him that, by bringing suit
against you and getting few adayits TO your inten-
ton TO bring him here, he is free Now, am unwilling
TO subject any Shareholder to process OF that SORT when
believe motives of that kind may sometimes operate
am furthermore opposed to multiplying free negroes.
do believe TO Be advantage either here or else
where. have been all my life in favor of colonizng
them as fast as possible and getting clear Of them; and
not willing TO adopt amendment which may tend
10 multiply that description OF population, which nave
always regarded injurious wherever they exist For
this reason | shall vote against the amendment bot n
is the pleasure OF the Senate to maintain the bill, will
vote for i aasE than to make ANY sas1s q n,
whole bill passed. and therefore wish TO put It in such
shape will. apprehend. secure more votes than a. i
marks OF the senator from North Carolina; and therefore
propose to modify my amendment by providing
That the owner agent Of such owner shall be sub.
se, TO the penalty Of $780, to be recovered 6y action
corporation within whose limits the offence may DO com
mited"
Mr. BERRIEN Mr.. President. / have an objection
to the provision OF this bill stood originally, which
haddesgned to express BY offering an amendment sim
liar in substance to that d the senator from Maryland in
virginia having failed There isno doubt oi the propre-
Of the which has been adopted OF amending the
original bill before the question is put upon striking out
overcome by any difficulties which might attend the en-
focement OF the alternative mode, or OF this substituted
mode proposed By the senator from Maryland. l had
understood that in egs alton upon this subject the
question OF the power 10 abolish slavery IN the District
of Columbia to be avoided that while some sena-
tors deny the existence OF the power, and others admit
il, vet there general concurrence IN The opinion
that that power ought 10 be exercised and could not
be exercised consistently with good faith towards the
States by which the cession made In my Judgment
the original bill is the assertion OF the power TO abolish
slavery Il is alteration Of the status condition OF
the slave Ii converts the slave into free man in the
District OF Columbia by the action Of legislative power
alone The assertion Of such power the existence
OF any provision in that act which may be construed into
an assertion OF such power, deprves me OF the possi-
bity OF voting for II.
Sir do not mean to enter into discussion OF that
very much agated question, but to state briefly 70 tns
Senate that my view Of this subject is this: Ihat we
have not by the cesson made by Virginia and Maryand
acquired the power possessed by the legislatures Oh moso
i States respectively The cession was made by tne ieem
latures OF Maryland and Virginia 10 the Congress Oh s
United States III cesson oil SOIL OF urisdctoni snu
when therefore, by the acceptance OF that no
territory constituting the District OF Coiumoa Ien unoet
the jurisdiction OF the Congress OF the United States tns
Legislative body was to LOOK for the ascertanment OF the
noyer which was 10 be exercised the territory TO
he onlv source from whence derived any legislative
power whatever that is the constitution OF the United
States And them regard to The question IN what clause
ri the in the construction OF what portion OF
that instrument Congress derive the power to abolish
slavery In the District of Columbia or anywhere else,
The answerI know will be "that Congress shall have
the right to exercise exclusive jurisdiction, IN All
cases whatsoever, over such territory as may DC
ceded for purposes expressed in that insnnmen.. ..