, 1862-01-25
INTERESTING DEBATE,


Rbint ~ Senator Ibnleroy.
There was a very interesting debate In
the Senate last week on the General
jail Delivery bill introduced by Senator
Grimes Of Iowa, to Hberate persons incarce-
rated in the District, and charged with no Of
fence. It was designed to correct very long
standing abuse which, upon examinations, the
committee found to exist in the jail Of the
District. 1t was found that for many years
persons had been held from term TO term of
the court without Indictment and without
due process Of law To meet that state Of
facts, this bill provides in its first section that
all persons, excepting such as are held On final
judgment, shall, at the adjournment Of the
court, no bill Of Indictment having been
found, be discharged from confinement, there
bling no process pending against them.
The pro-slayery Senators furious1y opposed its
passage. Powell Of Ky. offered an amend
ment to except Fugitive Slaves, insisting that
colored persons must prove themselves 10 be
free-that the presumption they are escaped
elaves shall be held against them He elaimed
that the slave laws Of Maryland were in force
in the District, and by those laws eo1ored peo-
pie who could not show free pspers were pre-
su1ned to be s1aves and were arrested and
thrown into prison to await a claimant. He
contended that slavery WAS fastened upon
the District beyond the power Of Congress to
abolish it. By the conditions Of The deed Of
ccEsion from the State of Maryland, and read
rs follows from the act Of Congress passed in
1901:
BE ii enacted 1y the Senate and Hovss oj Repye-
asss 3D. Tha the 4 sws of the state t. e0, of
maryland, as they now exist, shall be and continuc
n force IL that part Of the said District, the Dis
! te The United States, and by them 4 accepted Is
af0tesaid-''
Senator Powell then insisted that the bill
| WAS unnecessary, because
-" Ii there were any laws in the State Of
| Maryland that would authorize the release of
these persons after 8 bill Of indictment had
| been ignored, it certainly exists now in the
Dlstrict Of Columbia. There can be no doubt
that all the ancient law Of jail deliveries is in
| force now in the District Of Columbia. There
never has been period since the formation Of
this District when those laws were not in force
| in if. They arc in force to-day"
Mr.. Morrill,, Of Me-, replied. The Senator
from Kentucky starts the objection, that
there is no necessity for the bill at ALL
and that, according to the principles Of the
common Law, which he insists was in force
here, the law is precisely what this bill now
contemplates and what this bill seeks to make
it. The first answer and the obvious one to
that is, that it is not so understood IN
this District. It is not, and for quarter ol
a century and more has not been, here prac.
ticed by the court. They do not SO recognize
the Law, do not SO act upon it. The
abuse exists, Notwithstanding the interprcta
ton given to the Law BIZ the Senatorfr from Ken
lucky. That is a sufficient answer. As 8
measure Of practical legislation, let this Con
gross speak authoritatively On the subject, ana
correct long standing and fragrant abuse.
Senator Kennedy of Maryland sustained the
position taken by his pro-slaycry brother
Powell, but threw no new light On the sub
ject.
Senator Pomeroy made the best point elicit
ed By the debate, and ono which VIC think car
not be successfully answered. It removes ths
legal objections against the power Of Congress:
to abolish slavery i'll the District He spoke
as follows:
| Dir. POMEROY, agree measurably will
the Senator from Kentucky that we do not Sc
much need law on this subject as we do tht
| execution of the law rightfuIly. But, sir,
want to remind the Senator from Kentuck,
that the Law which he refers to as being. tht
5rJors Laws that Marylnnd might sabsc
qucntly pass can have no force il
this District. The only law of slavery il
Maryland in l!9l, when she cedcd this Distric
to the United States, was law passed in Ills
and want to remark here. that there aeas NJ
5<,f
she gare up the tile 10 Nis District. The las
Of Ills was, that slaves and negroes iul
ported into the colony, and their children
their immediate children, should be slave
| during their natural lives; but it did not ex
Tend to descendants generally; and unlcs
there are slaves in this District to-day who's
f;lthcr or mother either vas imported int<
Maryland, Or the direct children OF the 1irs
! generation Of slayes imported into Maryland
| they are not s1apes here today tya|Iy. What W
for there is 10 law for sllyery in this Distric,
Mar, lsnd passed Ian in 1195, and has bee
passingat various times statutes OIL the subject
I The point I make is simply this: that ther
being no law tor perpetual slavery at the tim
the District was ccded, the subsequent law
: there is no perpetual slaycry here, and the fl
gitiyc slave Ian Of l793, and the fugitive zlav
? | law Of 1850, do not apply, because they onl
relate to States, and not to this District.
. One other word IN reference to the presunI
tion as matter Of evidence. The Senate
l from Kentucky has Just told US that thes
| persons when taken must prove their freedom
think the rule Of the courts usually in a
: slayc States is that where majority Of colo
: ed men arc slaves, co1ored man has
: prove That be is free; but where III
= jority of the colored people are free, if sc
; undertake to establish the slavery Of 4 ma,
: you must prove that he is a slave. In th
r District there arc ten thousand free colore
l persons aud only about three Thousand slave
and therefore the presumption is in favor
freedom; and the majority being free, if 70
!. claim That man is a slave, you must prove