Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-10

:
CITY Councils, January 9-BOnrd Of Aldermen.
a communication received from the Mayor,
transmitting reports from the Ward Apothecaries
f"T the quarter ending December 81 1850; referred
20 health committee
Also. one from the W alter Purveyor transmitting
an account Of the pipes laid by him since he en-
tered upon the duties Of his Office; referred the
drainage committee.
Also one from the Mayor in reply to a resou
ton passed by the Board OF Aldermen On the 18th
uliiHtO, in relation to the laws concerning free
negroes. and accompanied by an opinion Of the
corporation Attorney upon the same subject, foi
lIws:
MAYORS OFFICE. January
have received the resolutions of the Board Of
Aldermen on the 18th ultirno, by which the Mayor
lis requested TO inform the Board whether the
laws Of this Corporation concerning free negroes
have been enforced by the proper officers during
the past few years; whether said laws are suffi-
Client for the purposes intended. and If not sniff
cient, what additional legislation, if any, is
necessary"
Corporation. which have special relation to the
class Of persons referred to- to be found in the
eth section Of the act Of Congress approved May
Is, 1-1O entitled an act &C. incorporate the inhabi,
tants Of the city Of Washington and to repeal all
acts heretofore passed for that purpose which pro-
vidrs that the Corporation shall have power and
authority - to restrain and prohibit the nightly
and other disordery meetings of slaves free ne
gToes, and mGlattoes, and to punish such slaves
~ whipping. not exceeding forty stripes or by
Imprisonment not exceeding six months for any
oac offence: and TO punish such free slaves and
ulattOes by penalties not exceeding so for any
one offence; and in case Of the inability Of any
such free negro mulatto to pay such penalty
er costs thereon, to cause him or her to be CON
fined I" labor for any time not exceeding six CAL
-ud"r months To prescribe the terms and con-
dihonS upon which free negroes and mulattoes
mag reside IN this city,
fne Powsr conferred by the first of these two
claus IN relation Ia - the nightly and other dis
"-""iiy meetings OF free negroes" has been exer-
sd by this Corporation in the provisions upon
tuat subject OF its act of Nav 81, lS2., and the
supF documentary act of October %, 1896 and these
prrviSl ons have been, 50 far as am informed
duly enforced in all cases by the proper officers
and IN my Jud 5ment have been shown, by expe-
rience, to be sufficient for their special purposes
The more general and extensive power Ito pre-
scribe The conditions upon which free negroes and
Dullttoes may reside in the city," which is con-
fcrred In the second of the tive clauses above
cited, has also been exercised by the corporation
from time TO time. the earliest ordinance being
that OF April IL, 1S2l. followed by those Of May,
1877, October, lo30, December, 1850 and Febru-
airy, SOL. Ry decision of the Circuit Court of
this District in lS2l soon after the passage of the
first or these ordinances, il was udcially settled
that the power granted by the charter was to be
exercised Prcspectively only; and of consequence,
these Successive enactments have operated only
upon persons coming TO reside in the city after
their promulg cation. or under the special provis-
ions Of che ordinance Of ISL, persons manunitted
Hence il will be perceived that in so far as those
several provisions d tfer from one another they
apply distinct classes of the coored abtants
.
t"h or residence. Their general scope. however,
l. the same, tIc conditions being alf of them in
The nature Of preventive police regulations which
experience Las demonstrated To be necessary, in
VIZ" of the peculiar condition of this portion OF
oar population In my opinion they are. in gen
e'Hi; Snlclent for the purposes Of good order and
pdoiiC policy. for the attainment of which ends
the power In question was granted by Congress
IL IS evident that the charter contemplated the
continued residence Of these persons within our
limits upon proper and reasonable terms and con-
dtions; and II may be doubted whether any more
stringent provisions can be adopted without as
s9ming The appearance of exclusion and prohibit
uon Upon this subject beg leave To refer to a
report oi the attorney of the Corporation herewith
communicated, relating particularly to the act of
According to the best information within nv
redca the ordinances of l-27 and 1896 have been
ever since their enactment and still are rigidly
enforced by the proper officers the nature Of the
CASE Will allow Doubtless there must ALWAYS he
many insiaucrs which escape the most vigiIant at
trntion Of the police. With regard to the more
stringent provisions OF the law OF 1850. while |
Fave u" ofh"ial Information that they have not
hren executed In any particular case am not
prepared In assure Won that they have been ri pidlv
'ntot.r IN every instance; nor indeed. that it is
Frdfucah!e !" do so without SrriOuS public iuron-
v'nience. In many cases no doubt those who are
liable To the penalties Of this law have been really
unable 10 pay at one time the sum of fifty dollars
Tor the permit C residence; and the indiscrimi-
nate enforcement OF the penalty would probably
have crowded the work house with inmates whose
general conduct had been in all respects inoff,n-
slve and orderly, and whose maintenance would
have created heavy tax upon the city treasury
la any modification of the law which may be con-
+mFia'ed, l would recommend that care should
De- nken to salt lis requirements tn tue general
ability OF thu persons upon whom il is TO operate
otllat II may be- rgidly executed.
There are three aspects in which this whole
SUBJECT may he considered. First, the peculiar
police regulations which ii reqni-es Secondly,
the increase, natural and by migration Of this
class Of population. And, thirdly, in what matt
ner and to what extent they should contribute
directly or indirectly tn the support nj the CITY
government, which AFT ,rls them protection.
With regard to the FIRST have already init
mated that l am not aware of any necessity for
additional legislation. And the second, if there
were any DOUBT Of il before il must now he taken
gives no power of prohibition. Oar legislation
must be confined TO prescribing. in advance such
reasonable terms and conditions of residence as
may tend to repel the idle aud disorderly and
slch special and peculiar police dispositions
may from time 10 time appear Xpedient.
With regard to the third refer you to what is
ges';on that in any future exercise OF that power
which We undoubtedly possess, il may be well ~
direct. under a pecuniary penalty. the annual ex-
hiniton and renewal Of the permit of residence
al the proper Office Of the Cor po.ation and TO re-
Ghire the payment of a small sum mot exceeding
the annual poll tax levied upon " mite male ci,i-
L@ns) upon every such renewed, rs the reasonable
COnpshs alton for the certificate authenticated by
t.s seal Of the city. The fund so raised light be
AL 5aHtl- ,enusly used. amongst other things in
mTihtrning special police tn enforce the re.rla-
specially. Jas q. BEEREr. Mayor.
The following is the Opiaon of the Corporation
Attorney:
OFFICE or CORPORATION ATTORNEY
December -, 1859. (
Hon !. q. BERT. Mayer:
SIR: Daring the trrai Of thu Circuit Court which
has Is, ended, several appeals { ON the judgments
# police magistrates under the Both section of the
ordinance of December IL, I~50 in relation to free
urrrO.s came before the cont, aud resulted In d
JTdicIal exposition Of that SECTION, which think
II proper to report to you.
In referred la were those OF free me- -Oes
who had Ia reside ia this city since the pas
sac of that ordinance and who had not complied
with Us terms: and who, having been proceeded
against for the pcnalty Imposed Icy that section,
(S1U.) had suffered judgments and taken appeals
Inc facts were admitted; hut the several counsel
for the appellants concurred in maintaining tia.
the ordinance void. u not being reasona Die
-NcrcIsc Of tue power granted h. the charter Of
i-n. tn Prescribe The terms aud conditions upon
witch free negroes and mula:t'es may reside i
- city,
l; Was urged (and without doubt correctly that
this is not power To exclude that class Of person,
m and that th,t , A