Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 2 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SWANWICK said, the laws of the different States forbade the stealing
of negroes; but they had no remedy that would take effect out of their
own State: and although each had effect in their own State, yet they had
no power on the water. The intention of the present measure was to
oblige masters of vessels, when they cleared out of any ports in the
Delaware, when they took any negro or mulatto on board, to have a
certificate of their being free. The situation of the State of Delaware,
communicating with both the Delaware and Chesapeake, was, in this
respect, particularly exposed to insult and injury; but this remedy, he
thought, would be effectual. The gentleman last up wished the committee
to rise, in order to recommit it: he should vote for it if the gentleman
was willing to add, "to bring in a bill." The gentleman was in the
committee, if he had stated his objections there, it might have saved
time.
Mr. MURRAY wished to know what was fully meant by the idea of preventing
kidnapping. He confessed he did not rightly understand the meaning of
the word. Was the intention of the committee to have reference to the
taking of free negroes and selling them as slaves, or the taking slaves
to make them free?
Mr. SWANWICK said it was intended to prevent both evils. It was intended
to prevent their being stolen from their masters; and, also, to prevent
the power of the master taking them to the other States to sell them.
This measure, he thought, would prevent both. The State of Maryland had
taken measures to prevent it themselves; they had made it a heavy
penalty to take a negro out of the State; but that is not effectual to
prevent the evil now complained of. This was meant to prevent the
practice of examining ships before they sailed and when they arrived.
Mr. W. SMITH wished the committee to rise; not with a view of
recommitting the report, but to get rid of the business altogether. The
subject, he said, involved many serious questions; it required very
serious consideration, and he wished it had never come up. It was a
question with him how far Congress had a right to meddle with it at all.
He felt alarmed on the subject as brought from that State. He considered
it as a kind of entering-wedge, as a gentleman had lately said, on
another occasion. It was altogether a municipal regulation, and not at
all connected with trade or commerce, and therefore ought to be left to
the State Legislatures to settle. He did not think the constitution
allowed that House to act in it.
Gentlemen had said, that the laws of the States took no effect on the
waters. This, he thought, was founded on a mistake. The laws of the
States could prevent robbery on water as well as on land, if within the
jurisdiction of the United States. He hoped the committee would rise,
and dismiss the subject.
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