The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-04-04

AN act 10 prohibit The carrying ne Stare Trade from
the UHifed States 10 any foreign place or country.
Sec prohibits building or fitting out vessels for the
purpose Of carrying slaves ANY fresa country or pro-
curing them in any foreign country carry them 10 an
other. Vessels fitted out for that purpose forfeited
Sec imposes penalty Of s2OO any person aiding
| or abetting In fitting out such a vessel
| "See B. Any owner, master, factor Of any vessel
clearing for Africa suspected Of being intended for he
slave trade required TO give bond in substance not TO
violate the provisions OF this act
SEC imposes penalty Of $500 for every person
| eeiyed on board any vessel in violation Of this act
&C. WASHINGTON
approved, March p, 1874"
That is an act passed in 1894 We'll, sir, other acts
| OF similar character, only more express and ex-
plict in their provisions, may be found. In the act
of 1898 for the settlement of the limits of the State
| of Georgia, and the establishment Of Government
for the Mississippi Territory, passed on the 1th
| April 1893:
"sec. establishes a Government for The Mississippi
Territory In all respects similar 10 that now exercised IN
the Territory northwest o the river Ohio, excepting and
eoapg the last article Of the Ordinance made FOR the
eminent thereof by the aie Congress the l3ih OF july
lI which provides thai there shall be neither slavery
- - Ss:f'ts psa.sh41ev 81
Sec. makes II unlawful to bring slaves Mississippi
Territory from any place without the United States imposes
rory in violation of the provisions Of this act and gives
every slave thus brought ia his or her freedom.
| Approved, April Z, E9S."
Look at the provisions of that act. Slaves might
legally be imported into the United States for ten
years after that act was passed they might be import
| ed, and were as much and legally subject of
property as anything else, but Congress took occa-
sion 10 regulate that species OF property ten years be-
fore the prohibition TO the importation Of slaves
to take effect and declared that slaves should not be
carried into the Mississippi Territory from any place
without the United States, and that any slave car
ried there became free, and penalty was imposed
on those that took them there.
| Slaves were at that time-in l79S--legal articles
Of commerce. Congress had power under the
Constitution TO prohibit vessels from going TO
foreign countries, and taking cargoes OF slaves and
! bringing them here They were, under the Consti-
tuition, as egitimaely articles of commerce sugar
| or molasses Well Congress did undertake that
early in 1885, to say that slaves, which recog
missed articles OF commerce In the States, should
not be carried into the Territories That Fact esta5
isxeksS~ ,,y..,>s! -, etsgs~tsu 12'7- Tja7'rt
for the Territories and Il shows that they legsned
upon this particular subject within tie Territories.
Well sir there other acts of similar character.
In act erecting Louisiana into two Territories,
and providing for the temporary government thereof,
approved the 2lst March, 1904, section 10 prohibits
the bringing into said Territory from any place with
out the United States, any slave or slaves, and inn
posed fine of three hundred dollars for any slave so
imported and further the prohibited the bringing
into the Territory any slave or slaves which shall
have been imported into the United States since the
LIST day of May 1888 which shall hereafter be i'm
ported Under the provisions of this act passed IN
1904, Congress undertook TO say that slaves which
had been imported into one of the slave States be-
4
the Constitution should not be carried into the Ter
ritory, pnd imposed penalty on any carrying
them. Here, them is an express and explicit rccog
milton, on The part of Congress, OF the right and
authority OF Congress thus TO legislate npon this
, subject.
, Under the provisions of this law, no one could
move from slave State into the Louisiana Territory
in 1901, =; and g. and carry with him slaves imported
from Africa into any State subsequently TO 1893 Or
If they did they did IL in violation of this law which
prohibited it.
will not weary the Senate by going over the
history of these several acts. They will very many
of them, be found In speech delivered in this body
on the 10Th June l94S, by Mr.. Dix then member
from the State of New York, and they come down
TO the very last Congressbecause the last Congress
adhering to the legislation heretofore praciced pass
ed the Oregon bill, containing this very same proh
{ bition and it signed by Mr.. James X. Polk. lii
certainly must have understood il to be constilu
: tiona prohibition, the constitutional exercise of
right vested In Congress, or he never would hav
/: -'-ffae H. ,.,,. ,,s In s, ,,
the eonc,n,en, Of that c,ua IN o s t9gsaS t ba
l the ground that it was north of thiriy-six degree
: thirty minutes Both Houses refused to do IL.
y went TO Mr.. Polk, and he signed IT, and sent II bac
a with paper, the substance of which, as | read !
n was that II was constitutional them but woul
be again. That sir, has been the legislation Of Con
e gress, older than the Constitution, coming dow
through successive Observation-Disclosures Adams
- jackson, Van Buren,, aud so on; and in The organl
$ cation of Territorial Governments In Mississippi
e louisiana Florida, and Michigan, all in expires
| terms recognising this right sometimes limiting
slavery certain class OF slaves In other instance
@ excluding II altogether.
0 And now we are told that If we adhere to thi
ong-estabshed, well-considered construction of IN,
Constitution II we continue 10 tread In the old patti
which our fathers marked out for us, that tie sens
biiiy the sensveness OF the South, which has beer
sleeping for than fifty years, will be galvanized
into such activity, as TO endnnger the Union itself.
9 Well sir, these arguments may be all potent, but
want 10 put history right We are told that this
agitation of the subject OF slavery here Is something
new, and the Senator from South Carolina gave II 4
date of fifteen years He said that IL had commenced
in 1885, and that soon as 1t was introduced, he
saw the mischief that was 10 ensue from IT, The
honorable Senator from South Carolina did not 70
back far enough; agitaiing papers OF me sort com
planned of here longer ago than that. He ought
10 have gone back TO l776 and he would have found
one of the most "agiating" and "ianatical" papers
that he could well find, beginning with the declara-
ton that all men are created equal The agitation
of this question Of slavery goes back as far as that,
and IL shows what was the action and understanding
of the men of that day. wish to read, sir, petit
ton presented TO the first Congress that ever assent
bled under the Federal Constitution, and signed by
one of the great minds that framed H. allude, sir,
to Doctor Franklin not one OF these modern "agi.
tators" not one of those nmphibious animals, that
have been described as flying about In the twilight,
between light and darkness.
On the 18th February, l776, Benjamin Franklin,
Ing the abolition of slavery, the relief OF free negroes
unIawfully held in bondage, and the Improvement OF
the African race, presented petition which send
TO the Clerks table to be read:
PEBRuAsy u, 1890.
memorial of the Penhsy yania society for promoting
e abolition Of slavery the relief OF free negroes unla wiuy
held in bondage, and the Improvement OF the African race,
| was presented aud read
| "1be memorial respectfully showeth:
nThsi from a regard for the happiness OF mankn!,
iaon formed several years snce, In this State
nations for promoting the abolition Of slavery, and for the
relief Of those unlawiuy held IN bondage just and acute
conception Of the true principles oil liberty Ms II spread
many friends their cause, and legislative cooperation
with their views, which by the blessing Of Divine Prov
ence have beef essy directed 10 the relieving from
bondage large number u thrir fellow OF The
Afriesn race They have also the satisfaction to observe,
that consequence Of that spirit of philanthropy and
une liberty which IL generally dusng its beneficial in
huence. similar institutions are forming al home aud
| abroad.
"That mankind are all formed by The Almighty
Being alike objects Of his care and equally designed for
the enjoyment Of happiness The Christian religion teaches
| cldes with the position
Your memoralisis, particularly engaged in attending
10 the ds-s-es arising rom slavery believe 10 be their
Indispensable duty present s sbjssi your notice
They observed, with real satisfaction, that i'm
poran aud sautsTy powers vested In you for pro
noting welfare and securing the blessings Of liberty
the people OF the United States and, they conceive
that these blessings ought rigully 10 be administered
without distinction Of color TO all descriptions cf people,
they indulge Themselves IA the pleasing expedition that
nothing which can be done ior The rciief OF The unhappy
objects Of their will be either omitted delayed
From persuasion that equal liberty was originally the
portion and Ii still the biribrigt Of all and Influenced
by The strong ties Of humanity and the principles Of their
Institutions your mem0ralsis conceive ihemsevss bound
10 all usable eDdesvors loosen the bonds slavery
promote general enjoyment Of the blessings Of free
| dom
Uoder these impressions, they earnestly eniresi your
attention 10 the subject Of slavery that you viii be
pleased countensnce the restoration VI liberty 10 those
unhappy men. who alone IN this land Of freedom are de
graded perpetual bondage and who, amidst the general
Joy Of surrounding ireemen, are grs.DDg IN seryie sub
lection thai you will devise means for removing this IN
consistency from the character Of the American people
that you will promote mercy aud justice towards this dis
tresed aud that you will step 10 the very verge III
the power vested in you Tor dscouragng every species oi
| irs6c la the persons Of our sliow.men
| "Bt;NJ- FRANKLIN, President