The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-27
M FooTE Not al all There is no occasion for

.L;.~ oua.fi0n. 4
,hi here exists in hs State high degree Of excitement
noon this question Ii must be because taey do not
understand the thing against whish they are excited
The senator from Georgia has commenced debate upon
this question. and shall 10 postpone the further
consds alton o. Il, that we may hear the remarks OF the
M. BERRIEN / submitted my motion to postpone
in consequence OF suggestion made by the senator from
South Carolina expressive OF his desire to look INTO hs
matter. understand him 10 have abandoned that wish,
and that there general Willingness the part OF the
Senate 10 take vote. am extremely anxious myself
10 bring this bill TO close to-day and hope the
from Mississippi will allow the 10 be taken
Mr. DAVIS, OF Miss ssippi II the senator from Geor
ala has no desire 10 speak, do moi wish speak, and
Snail not Insist on my motion.
Mr. DAVIS OF Massachusetts,. called for the yeas and
NAYS winch ordered
MIR WINTHROP very cheerfully acquiesce in the
.ugyeston made all sides OF the chamber that this
onesiion should be taken to-day But feel bound from
he relations which sustain towards the State which has
been particularly aggreved by these hern laws, TO
say word upon the subject, and more especially after
the remark which has just fallen from the senator from
Mississippi understood HIN 10 say that Massachusetts
did not acquesce these police regulations OF the south
ern States simply because she ignorant OF their ma
tuTe or their necessity Why, sir, this is new ques.
ton II is no new question TO Massachusetts; It IS no
ne question 10 the country. was nor all surprised
10 hear the senator from Georgia argue the with so
much readiness and with 50 much ability as he has done
believe thar the distinguished senator while he held the
office of Attorney General of the United States many
years ago. gave an opinoh IN favor OF the constitution
Mr. BERRIEN Not at all Not upon this question
Mr. WINTHROP. | only say that, in lS42 or
ls43 was my fortune to be on The Committee of Com
merce in he House OF Representatives and TO have this
subject referred 10 made report on the subject al
thai time in which maintained that the law both
unconstitutional and unjust An honorable friend from
North Carolina. no longer member of the House,
but whom have had the pleasure OF seeing this very
hall today-Dlr Kenneth Rayner-made report in oppo-
sltion to my views and subsantiaing the grounds
which he took in his report he cited the opinion OF the
distinguished senator from Georgia. while Attorney Gene
raj OF the United States He rested his report favor OF
the constutonay of this system almost entirely upon
that opinion. III he Mistaken only say that il
was the mistake of friend 10 the law. and OF one who
had given elaborate examination 10 the subject But
alluded to this point mainly for the purpose OF saying
that the question has been decided not only by the hon
orabe senator from Georgia but that it has been soemny
adudicaed by the circuit court of the Uaed States in
the city Of Charleston itself Why, sir, the honorable
and then OF the most distinguished judges of the Su
preme Court OF the United States, gave an elaborate
opinion that this was an unconstitutional law. And
than that, Mr.. j. q. Adams, while Secretary OF State,
being called upon by the British government regard
the operation OF thus law upon one OF their own subjects,
consulted Mr.; William Writ, himself citizen OF the
slavehodlng State OF Maryland, and then Attorney Gen
era OF the United States, and he too, gave official
opinion that the law Observation-Disclosures differing
from The opinion subsequently gwen BY the senate, from
chuses is not entirely ignorant OF the grounds taken
as TO these police regulations in the southern States and
that she has very good and substantial for desi
ring that high judicial tribunal should review this
matter, and make final and rreversble decree in regard
toll.
were, am By sure that could not get good
authority upon the question. from OF the south
srn States themselves Why. in the State Of North Caro-
lima, as my honorable friend behind MIR BADGERl
can testify has been but ten twelve the
constitution has been changed under which free coored
persons admitted be voters, we'll the white
persons al their side. And in The State OF Tennessee
80 late 1855
Mr. BADGER If my friend will allow me. The
constitution OF North Carolina, originally framed did
not permit the elective franchise 20 citizens by that
u was given to all free men who had v within the
State certain length OF time
MIR, WINTHROP. AT any rate, these colored persons
took part that great business OF sell government which
Is earned on IN this country, and which Is the disn-
gushing feature OF republican system. So it was in
the State oil Tennessee late the year 1885. My
honorable friend behind me Mr.. BEL] has told Inc that
when he first 10 Congress he mad 800 400
Soored votes in bis own district The constitution OF
Tennessee has since been altered. | believe, and free
coored persons longer allowed to vote And this
reminds me of a fact in connexion with the State Of
North Carolina If am not grea IS mistaken the Hon
Lewis Williams, OF the most distinguished represent
aives from that State in former years, who lived 10 be
the father OF the House, and died universally respected
and amented, told himself that when he first entered
Congress he by free colored They gave the
casting vote in his district
But, as have SAID this is question OF citizen
ship rs question whether The State Of South Caro-.
lima, or the States of Alabama. Louisiana, or Florida
upon the ground Of police Q, upon any other ground,
out oil vessels, simply because they coloed per.
They persons held 10 labor, If you
please to them such for they have entered into
contract with the OF the vessels perform
vice and labor the vessels which they have shipped
Now shall those persons thus held TO service labor,
be aken from the possession OF their masters be carried
away from the ships 10 which they employed, be
dragged shore and nprsoned, and unless their
terD Afterwards reclaim them al heavy cost, be sub
jected TO be sold into slavery for life! All that ask
sir 10 that this law shall he fairly tested by compe
tsnt Ard dsuieresed tribunal And here let say
the honorable senator IRON South Carolina, that before
Massachusetts sent Mr. Hoa TO Charleston 10 this
question before the courts OF South Carolina the COVER
nor Of Massachusetts, unless am greatly mistaken,
made application several OF the most Jistlng
lawyers OF Charleston, and attempted enlist their
vices In the He desired to avail himself OF the
legal services OF any professional man in that State who
mRht be willing 10 test the constuonalty OF that law
in Their courts And il not till he had failed in
his efforts do this. that this Massachusetts, emssaru
n be has been termed sent TO South Carolina for
the purpose
This much should be said in justification OF the State
OF Massachusetts II she needs any justification, for the
appointment OF Mr.. Hoar repeat then, Mr.. President
that this amendment is not TO decide whether free
coiored persons citizens not but decide the
ton whether have the right to employ as seaman and
mariners on board OF our vessels such persons
think TO be fitted for these situations without regard
10 their color. And lei add that in the northern
States II 10 often found difficult procure any other per
cons for these particular Offices of stewards and cooks
than coored persons Our vessels take one or two OF
than often from necessity and because they gel
along without them. They bound perhaps, 10 Law.
erpool They stop al Charleston, at Mobile at New
Oeans for cargo of cotton. The moment they arrive
there, while their steward cook be at work
20 innocently at the caboose in the cabin, he is
searched for seized carried shore, and imprisoned
all this for the purpose, il is said OF preventing his
n IL