The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-27


MIR WINTHROP No, sir merely heard il II is
some ten years my attention called to the sub
MIR BERRIEN am inclined 10 think that the anee.
beea given a. IT, though not entirely bv the honorable
senator from Massachusetts Laughter
ST. The oPihon ma. was gwen by myself, when had
the honor OF being the Attorney General OF the United
States. has been cited by the dlsngushed member of
Congress from North Carolina referred 10 by the senator
from Massachusetts, and by that senator himself but
neither citation proves that the reference to thai opinion
u correctly made. The question at that time regarded
man VINO was not citizen Of the United States I, was
an appeal made by the British government to this govern
ment under treaty subsisng between that government
anu our own, Tor The protection of tue British mariner in
Charleston i is true that Mr. Justice Johnson did give
an opinion against the law; il is true that MIR Justice
"irt ala give similar opinion upon similar case But
upon examining those cases. and the law the time
found That there act OF the Congress of the United
States expressly imposing penalties upon persons being
brought INTO any Slate whose laws shall forbid their in.
REDUCTION or secretion ~ these decisions this law OF
the Congress OF the United States had been oyerooke
and the question had been decided independently OF that
law But that law being found obliged 10 decide the
Question Independently OF The decisions made before.
merely wish to correct this matter. II we can have
yoie shall be quite willing do so and now aban-
don my proposition to adjourn the question over till Mon.
day. because the senator from South Carolina has ey-
pressed ms Willingness 10 have the settled at once
Mr.. WINTHROP. would inquire of The honorable
senator IRON Georgia If the opinion which he gave was
WIN reference 10 Inc facts OF these other -or
that different?
Nj BERRlEN There three questions consil.
cred IN that opinion, sir
First the of the Legislature of South Carolina to
pass this law Seoord how far ii may consritutonaliy
operate, Notwithstanding It's liability inc identaly 10 con
met with the general commercial laws OF the United States
ana the particular conventions with Great Btain Third
whether lhis H. does in point OF fact conhc, with the
laws OF the United States, with the
ZION with Great Butain
The act Of Congress which have referred is emit.
tied
An 10 the importation certain persons into
certain States where by The laws the reoi their admission
is p hbited.
And by this act. captains of ships or YES
sells are iorbidden under severe penalty TO import
bring or cause to be imported brought any negro mu.
atto person OF color not being native or citizen or
registered seaman Of the United States seamen natives
place of the United States which port or place shall
be situated in any State which, by law has prohibited
or shall prohibit the admission importation OF such
negro, mulatto, or other person oil color"
What have said upon this subject, therefore, when
the question presented to by the British governor
was, that was question which did necessarily
volve that one which is before the Senate, ap-
pied to class OF persons whose admission is prohibited
by the laws OF the United States well as by The laws
Mr. WINTHROP. All | asserted was, to ascertain
the opinion OF the distinguished senator from Georgia
M. BERsIIEl IN relation to the same law
Mr.. ATCHlSON moved to postpone the matter until
Monday, and gave notice that he should not withdraw
his motion
Mr.. DAVIS, Of Mississippi When | spoke of that
ignorance IN which the excitement TO which the senator
from Massachusetts referred MR. WINrHRopl must
originate did not speak OF ignorance OF the consu.
tona law Of the senator from Massach usetts the
people OF Massachusetts. When the senator chose
10 put that construction upon my remark, allowed
him 10 proceed, though might have answered him as
the Vicar OF Wakefield did the of the shagreen
spectacle cases when he went TO rece the opinion
The report OF ls43, that had heard all that learning
before" Now, sir, hold STILL when | first made my
remarks nat such excitement as he has spoken OF can
only ARISE from ignorance of the only be gen
Grated by those who manufacture such anecdotes hat
which has been related here, aud who the
people Ut Massachusetts that the seized ia
would ask any gentleman here elsewhere 10 point
out any southern port where steward of vessel has
been seized board OF the vessel ADD carried on
! shore. Does not every gentleman perceive that,
less the process be executed board the yes
sell such steward cook can go shore, commit
the WHICH this law created prevent, and
then lily TO the deck OF the vessel and CLAIM immunity
1t must be competent 10 arrest him there's but he stays
on board, where and when SIR, was ever search ns
tuted ascertain whether he there not9 Ii is
well known that the cooks and stewards of armed
vessels of the navy OF the United States are generally
black They go every port OF the United States and
who nterieed with them &c. sir, with the vessels
that constantly enter into the port OF New Orleans II
they remain on board, they not nteriered with II
they go shore they likely TO do mischief They
have done mischief trey have been The means OF carry
of servants. and conceang them on board The vessel
aud Shipping them North whenever their abolition con
freres would them For this has been
found necessary to exclude them by law which will
reach the Ignorance OF the practice in number OF the
southern States may well belong to the most learned Of
Massachusetts, especially when they led ignorance
by those who cater 10 the prejudice they seek promote
-
all other matters, IN relation TO the intercourse OF the
States the unhappy excitement which has sought exclu
sion could have existed Ii has been the false
hoods told in relation domestic affairs as 10
those bonds oil intercourse between the States which
created this excitement This Ignorance would esteem
II blessing 10 expose, and this Is the fraud did de-
that the senator from Georgia Mr. BERRIES would
be allowed to proceed of the able opinion
he had gwen, and how had been asssiled wished
hear from him, because believed that the people from
Massachusetts might lsteD and learn, and how they
had been deceived well instructed they may be-
and wise they may be in constitutional law. Yet they
be ignorant OF The and their ignorance may be
prac,Ised upon BY those who will use it.
| Mr. BALDWIN. A word, and Only a word not to
take up the time of the Senate But this is question in
which only Massachusetts, but other States have an
interest and wish merely to state, sir, that consider
the amendment offered by the senator IRON Massachu
sets Mr. DAvIsl as proper amendment be attached
TO this particular bill. The law of the State of South
Carolina authorizes the arrest seizure OF any free
negroes or coored persons coming into any port OF that
State board of any vessel cooks, ste wards,
ners, and their confinement in prison until the vessel
ready TO depart, when II requires the captain, under
severe penalty TO carry them away and pay the expenses
OF their detention; and in of his neglect refusal
so to do, 1t enacs that "such negroes shall be
deemed and taken ABSOLUTE SLAVES, and SOLD" BY
the laws of the State OF South Carolina, then tree man
OF northern State guilty Of crime but that OF color,
Under this law he is sold a slave not because his
presence in South Carolina has endangered the peace
the safety of the people of that State bu, because his
captain has neglected carry him away when the vessel
departed, and because the negro himself unable 10
the expenses OF his detention, procure his