The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-03-26

every Cxeu OF the Untd cidco I8ut, unucf tue
laws and the constitution, to 20 from any port Of the Uni
ted States TO the coast OF Africa and take cargo OF
slaves and bring them TO any port in the United States
Congress- in 1894, made discrimination against this
species OF property and prohibited the building fitting
out OF any vessel for the purpose OF carrying slaves 10
foreign country; they might bring them here; but Con-
gress thus Disseminated against that species OF prop
crty as early as 1904 whilst subject OF fair and
legal commerce under the constitution OF the United
States Congress did not interfere, provided the slaves
were brought home; but they did, and utterly destroyed
that species OF property article OF commerce, when
attempt made 10 carry u 70 any foreign country
That was an act passed under George Washington Its
provisions were as follows
An act to prohibit the carrying on the slave trade nom
the United States TO any foreign place or coany.
''sRc lprohibs building fitting out vessels for the
poss q carrying 70 amy y s %
other. Vessels fitted out Tor that purpose forfeited
"SEc imposes penalty OF 5000 ON any person aiding
abeng in fitting out such a vessel
'SEo s. Any owner MASTER or factor Of any vessel clear
trade required give bond in substance violate
'SEo imposes penalty Of $500 for every person re-
's'''a :" ''a'' my 's'''' : 70 WAsHiNGroN.
.'Approved March %. 1874"
This is an act passed in 1894 Well sir, other acts OF
similar character only express and explicit IN Their
provisions may be found In the act OF 1885, for the set
Element Of the limits Of the State Of Georgia, and the es
Enlistment OF government for the Mississippi Territory
passed on the 9TH April, l79s:
..SEc establishes for the ssslppt Ter
ritory all respects similar to that now exercised ~ the
Guiding the article OF the ordinances made for the gov
thereof by the late Congress on the 18th july s
which provides that there shall be neither slavery nor nvo
untary servnde otherwise than IN the punishment OF
SEC makes i, ulawll,o bring slaves Mississippi
Territory from place without the United States mppses
penalty Of slave thus brought n,o a he py ss
every slave thus brought IL his or her freedom
approved April T. l79S.'
be import ed into the United States for ten years alter that
passed and they might be imported and were as
much and as legally subject Of property as any Other
but Congress took occasion TO regulate that species OF pro-
perty ten years before the prohibition to the importation
OF slaves 10 take effect and declared that slaves
should be carried into the Mississippi Territory from
carried there became free and penalty imposed
those that took them there. :,
Mr.. DAVIS, OF Mississippi II the senator will allow
10 interrupt him for moment. will state to him
that the provision of the constitution limited the nhbi
ton OF the foreign slave trade TO the period OF 1905 in the
States This was Territory and matter of policy
the power held to exist regulate il in the Terrific
RES The inhibition imposed was merely IN relation to
the States.
merce, but what ! endeavorag to show now is that
Congress exercised jurisdiction this species OF prop
erty n.vts ~. ..v. ,,.a. ~. fo,s.o .,.v.
Mr.. HALE Slaves were at that time-in l79s--legal
articles Of commerce. Congress had no power under the
constitution prohibit vessels from going to foreign
countries and taking cargoes OF slaves and bringing them
here. They were, under the constitution as legitimatey
articles Of commerce as sugar or molasses Well Con-
gress did undertake that eay in 1885, to say that slaves
which recognised articles OF commerce in the
States should not be carried into the Territories That
fact two points shows that Congress legs
lated for the Territories and shows that they egsated
upon this particular subject within the Territories
Well sir, there other acts OF similar character
An act erecting Louisiana into two Territories and pro-
vidng for the temporary government thereof approved
the 2lst of March, 1904, vZ section ten prohibits the
bringing into said Territory from any place without the
United States any slave slaves and imposed He OF
fhrep hun dollars for slave lmpOrted and,
further the act prohibited the bringing into the Territory
any slave slaves which shall have been imported into
the United States since the LIST day OF May, l79s, or
which shall hereafter be imported Under the provisions
OF this passed in 1884, Congress undertook TO that
slaves which had been imported into one OF the slave
States between 1898 and 1904 fair matters OF commerce
under the constitution should not be carried into the
Territory and imposed penalty any one so carrying
them Here, then, express and explicit recognition
on the part of Congress OF the right and authority OF
Congress thus 10 Ieglsaie upon this subject
Mr. DAWSON. Will the senator permit me TO sell him
righta
Mr.. DAWSON. Any one of the States could have
prohibited the slave trade PRIOR to ls0S. IL was right
vested in the States to admit prohibit the importation
OF slaves The immigration or Importation OF such per-
which any OF the States then existing should think
proper TO admit should not be prohibited by Congress
but every State in the Union could prohibit = when they
desired IT, and many OF the southern States did prohibit
as early l79s-the State ] represent (Geogia) for
one. Blu. this being power belonging to the States. IN
Territories no, under the regulation Of any state the pro-
hibon could not be made. Il belonged TO Congress,
and Congress regulated it under the power oil commerce,
and did i correctly That not the exercise OF power
coniroverted by any State in the Union.
The law suffering slaves 10 be admitted under the
stuion for twenty years. merely gave TO each State the
right to suffer II 10 be DONE Congress debarred herself
from the right OF interfering for twenty years. but each
State could interfere the next day. II State right
and subject to be exercised by the State authorities.
And il you look TO the southern States you will lind that
there pfohbtory laws passed long before the year $685.
in every one Of them The idea the senator from New
Hampshire is endeavorng 10 nculcate s that Congress
has been exercising that power over the rights oil The
different States, but that Is not involved m The ACT 10
which he refers II is merely prohibition OF the impo
ton OF slaves from Africa into territory not subject to any
OF Mississippi and Alabama she yielded that prohibition
but as early 79s Georgia prohibited the trade, and al
the cession OF the territory in 1884, there being no law
OF Georgia force in the territory, Congress exercised this
power. The constitution had not prohibited Congress
from exercising the power 10 the Territories but only
that they should not exercise in the States Tor twenty
years.
Mr. BUTLER To show the gentleman from New
Hampshire that il merely commercial regulation,
will state 10 him historical fact The people .ot the
slave States continued 10 with their slaves into the
Mississippi Territory, and into the Territory oil louisiana
without any objection being made.
Mr.. HALE. But nobody from South Carolina conld
move into the Territory OF Louisiana---
Mr.. BUTLER But they did
Mr. HALE Hear me out. and then You cannot deny
it, Nobody could move from slave State into the
Louisiana Territory in 1901 2 and g. and carry with
him slaves imported from Africa into any State subse-
qnenty i79s Or il they did, they did il in violation OF
this law which prohibited IL
Mr.. DAWSON. The State laws prohibited il prior 10
I7gs.
Mr.. HALE. The law prohibiting the importation OF
hal