Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-01-28
The Legality Of slavery In tue DhtriOt Of
Columbia


The Legality Of Slavery ia the DintriOt Of
Columbia.
In the course Of the debate in the Senate
upon the Washington jail delivery bill intro
dueed by Senator Grimes Of Iowa, after his
minute examination of the condition Of that
black hole Of Washington, some interesting
points were discussed regarding the legality
Of slavery in the District. Mr.. Grimes found
in his Investigation that persons had been
imprisoned and held from term to term of
court without trial. Among these were
many slaves some Of whom were fugitives,
arrested to sWsit the claims Of their former
masters, and others placed in iail for safe
keeping BY their masters themselves. The
bill provides that all persons held in jail, ex-
cept Fuch as are confined upon 6aal judg-
ment and those against whom indictments
have been found, be discharged upon the
day Of the adjournment of each term of
court This of course would set free all
slaves imprisoned for either of the above
reasons, and Of course, slavery and its bar
barities being assailed, the prO-slaveFy sena-
tors opposed the bill Senator Powell, of
Kentucky, offered an amendment to except
fugitive slaves, claiming that all such are
presumed to be slaves, and that if free, it
was their duty to prove themselves such be-
fore being released. His main point was
that slavery existed in the District BY the
laws of Maryland which were III force at the
time Of the ceding Of the land, and concern
ing which the act of Congress of 1901 reads
as follows;
"Bs g enacted By the Senate and House of
Representative or he United States of amer
ioG N Congress assembled, That the laws of
the State of Maryland, as they now exist,
shall be and continue in force In that part of
the said District, 1.-THE District of Columbia
which was eeded BY that State to the uni
ted States, and by them accepted as afore-
said"
Senator Powell then insisted that the bill
wss unnecessary, because
''If there we're any laws in the State Of
Maryland that would authorize the release
Of these persons after a bill of indictment had
been ignored, it certainly exists now in the
District Of Columbia. There can be no
doubt that all the ancient law of jail deliv-
cries Is in force now in the District Of Co.
lumbia. There never has been period since
the formation Of this District when those
laws were not in force in 1t. They are in
force to-day"
Senator Morrill,, Of Maine, supported the
bill, and Kennedy, of Maryland, opposed it.
Senator POmerOy, of Kansas, replied to
Mr.. Powell in an able argument bearing up
On this legal question. He reminded the
Senator from Kentucky that the act quoted
was passed Eve years before the law to which
he refsrred ss the jail delivery law, and the
act only related to laws then existing in
Maryland, and not to any that might subse-
quendy be passed. Mr.. Pomeroy then made
the statement that there was no law for per-
petual slavery in Maryland at the time she
gave up the title to the District. The only
law Of slavery in Maryland in 1871, when
she ceded the District to the United States,
was one passed in I7I5, provided that slaves
and negroes imported into the colony and
their immediate children shall be slaves
during their natural lives but it did not
extend to descendants generally. Therefore,
unless there are slaves in the District to-day
whose father or mother either was imported
into Marylsnd, or the direct children of
slaves imported into Maryland, there are no
slaves in the District legally. This argument
can hardly be refuted, nor the following con.
Clusion which Senator POmeroy draws from
it:
The point make Is simply this: that
there beng no law for perpetual slavery at
the time the District was ceded, the subse-
quent laws Of Maryland are not applicable,
and, therefore, there is no perpetual slavery
hers, and tie fugitive slave law Of 1893, and
the might've slave law of 1850, DO not apply,
because they only relate to States, and nOt to
this District
Here is an important question in a new
visW. The legality of slavery in the Dis
triCt has not been tefore shown 70 be a mere
pretence, and Nr. PomeroW has the thanks Of
the lovers Of freedomfor having thus clearly
shoWnths Illegally of the proceeding. There
Is now some hope for the escaped slave, even
in Washington itself and under marshalship
of Ward q. Lamon.
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