Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14

previous conditions render the emancipation valid if
valid should have the effect Of accomplishing The
object which the laws intended prevents that's the
Iaon ofhe free black population Therefore treated
master having by his attempted emancipation against law
forfeited his right the slave, and required the slave to
Sold know the difficulty Of shaping any provision Of thai
kind in this District and therefore, said do not pro-
pose to make any objection to the bill stands though
really think it liable to exception and would object
any provision could be introduced substitute in the
ing state of things.
PEARcE that if his amendment is prevail it ought to be
in such form as to furnish ectual punishment for
violation of this law. If this bill passes and il prohibits the
foreign slave trade in the District Of Columbia wish
pass in form that will be efficient. Now think there
two objections his amendment it stands In the first
place. fine of from hundred to five hundred dollars
the discretion Of the court is not sufficient punishment
Think the contrary that any knowing of The exist
of this law will voluntarily set himself up in oppos
ton it and bring his slaves here contrary the expressed
determination Of Congress with regard the internal egu-
ion of this District he ought to be severely and eectuay
punished The fine therefore, in my Judgment is small.
In the next place, think the mode of recovery wrong.
The offender is to be proceeded against by Indictment Who
is going to undertake to prosecute him Who has any mo.
tive interest undertake it Who is to lodge informa-
ton Who is to collect evidence We are obliged under
such circumstances appeal to the pecunary of men,
and therefore, If the penalty to be pecuniay one,
would make the fine thousand dollars in every case and
make recoverable the instance of common nformer by
action Of debt Do that and you will find difficulty at
all You would find people who would instantly sue, collect
evidence and prosecute to result because they would be
led to do it by the prospect Of advantage held them
personally But have strong belief that the provision
will be eectusL if left be carried into operation by the
ordinary proceedings Of the grand jury. fear So
Mr.. PEARCE. propose to modify my amendment as
desire to put the bill in such shape that may obtain
votes than stands There is much force in
the objections which have been urged by the Senator'S who
have Spoken and especially by the Senator from North Caro-
lima will therefore, modify my amendment to read
as follows:
"Sach agent of such shall be subject to
penalty $780, be action q tam one half
the nformer and the other half the corporation within
whose limits the offence may be committed"
Mr.. BERRIEN I have an objection to the provisions of
this bill it originally Stood which had designed to ex-
press by moving amendment in substance similar to that
Of the Senator from Maryland mr. PEARcE in the
Of the amendment of the Senator from Virginia Mr MAsoS
having failed But there is doubt Of the propety the
which has been adopted of amending the original bill
before the question put upon striking out the sections
That objection, sir, would not be by any of the
difficulties which might attend the enforcement Of the alter
native mode substantive mode proposed by the Senator
from Maryland had understood that legislation on
this subject the question of the power abolish slavery the
District of Columbia TO be avoided that while some
Senators denied the power and other Senators affirmed it.
yet there general in the opinion that that
power ought not to be exercised and could be exercised
consistently with good faith the States by whom the
sion to the United States made. In my Judgment the
provision of the original bill is the assertion of the power Of
Congress to abolish slavery is the alteration Of the status
condition of the slave 1t converts dave into freeman
Of the District Of Columbia by the action Of the legislative
power of Congress That power deny And the assertion
Of such power, the existence of any provision which
asserts it. which may be construed no the assertion of
such power dePrves me of the possibility Of voting for the
bill. do not intend to enter into the discussion of this
question: but to state briefly the Senate that
my view is this that have not by theceon which was
made by Virginia and Maryland acquired he powers which
were held by the Legislatures Of those States respectively
vha 49, I'LL
Virginia to the Congress Of the United States. was ces-
sion of soil and jurisdiction, and when therefore, by the ac-
ceptance of that cession the territory constituting the District
Of Columbia fell under the jurisdiction of the Congress of the
United States the Congress of the United States to look
for the entertainment of the powers which they could exercise
over that territory, to the only from whence they de-
rive any legislative power whatever-ha is 10 the Consu-
ton of the United States Now under what Of
what portion Of that instrument Congress derive the power
to abolish slavery here, any where else The answer
know, will be- that Congress shall have the right to exercise
exclusive jurisdiction in all whatsoever over such ter
toy may be ceded for the purposes expressed in that
clause Now deny that this gives the Congress of the
United States the power which is commended for grant
of exclusive but not of unlimited powers Of legislation In
all those cases to which the power Of Congress may extend
their gisave power shall be exclusive. But the grant Of
exclusive legislative power in all whatsoever does not
extend the legislation of Congress one inch beyond that which
given to it by the Constitution of the United States It is
repeat grant of exclusive legislation but not of unlimited
legislation The evidence Of this fact is very obvious There
provisions Of the Constitution Of the United States which
Congress may not violate in the exercise Of its Legislative
jurisdiction over the District Of Columbia and if there be
solitary instance in which the Constitution of the United
States would restrain Congress from exercising unlimited
jurisdiction the District Of Columbia, it is proof that
the true Interpretation of that clause in the constitution is
that grants exclusive but not unlimited jurisdiction. Con-
gess has authority under this grant extend its egia
ton to every subject its discretion and without regard
to the limitations which prescribed by the constitution
object them to this provision Of the BILL because it involves
the assertion of power of emancipation Of changing the
man, which vested by the Constitution Of the United
States in the Congress of the United States
Sir it is unfortunate time into the discussion
OF question Of this Sort Perhaps unfortunate time
to have brought up the subject at ALL The public mind is
unquesonab sgated by the recent discussions in this and
in the other chamber and fear that this may but be consd
cred, in portions of the country, assertion Of the
power to abolish slavery in the District Of Columbia and
although the opinion very confidently entertained by many
that that power does exist yet you, aware and Sena
tors who hear me aware, that the exercise OF such
power would be viewed with feelings Of the utmost repug-
nance by many of the States Of this Union.
remember some time since, in the discussion in this
chamber the bold assertion Of gentleman who was then
member OF this body expressive Of the idea that the power
Congress to abolish slavery in this District might be to
two sources that they had taxing power in the District
and that the power Of taxation might be employed by i'm
posing tax to amount that would be equivalent and the
emancipation Of the slave declared as the Of
non-payment and that, in the second place, might be
accomplished by taking possession of the slave as
required for the public ue and emancipatng him. making
compensation to the for the value Of the slave am
not aware, though these propositions uttered by very
respectable member this body that they have hitherto found
the floor of the Senate but think tina.
is my duty representative Of of the savehoding
States Of this Union to resist provision in any act Of the
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