William Jay and the Constitutional Movement for the Abolition of SlaveryTuckerman, Bayard
History
William Jay and the Constitutional Movement for the Abolition of Slavery
Tuckerman, Bayard
Antislavery movements -- United States; Jay, William, 1789-1858; United States -- Politics and government -- 1815-1861
Soon after the assembling of Congress in 1827, Mr. Aaron Ward,
representing Westchester County, introduced the resolution: "That the
committee on the District of Columbia be directed to enquire whether
there be in force in the said District any law which authorizes the
imprisonment of any man of colour and his sale as an unclaimed slave for
gaol fees, and if so to enquire into the expediency of repealing the
same." Mr. Ward accompanied his resolution with remarks of a moderate
character, referring to the circumstances of Horton's arrest, the fact
of his being a citizen of New York, and the danger in which he stood of
being sold as a slave; he contrasted the law under which such
proceedings could be had with the provisions of the national
Constitution; and he concluded by saying: "The jurisdiction of the
District, sir, ought to be exhibited to the country and to the world
without a stain. Its object should be not to oppress but to vindicate
the rights of freemen, and if there is a spot on earth where these
rights are to be held sacred that place is the District of Columbia."
For a Northern man merely to touch upon the rights of coloured persons
was enough to arouse the leading Southern members of the House to angry
opposition. John Forsythe, who as minister to Spain had arranged the
session of Florida, James Hamilton, already an extreme advocate of
States rights and afterwards Governor of South Carolina, Charles A.
Wickliffe, afterwards Postmaster-General under President Tyler, and
George McDuffie, of Georgia, all took pains to throw ridicule upon the
resolution, or to oppose its consideration. They considered, no doubt
correctly, that to have any negroes spoken of in Congress otherwise than
as property was an indirect blow at slavery. W. L. Brent, of Maryland,
said that the resolution as it stood was calculated to excite only angry
debate and irritated feelings. If the mover would omit the words "being
a citizen of any State," the most objectionable part would be removed.
Mr. Ward consented to this emasculation and his resolution was then
carried. The committee reported on the 16th July, that in the District
of Columbia, "if a free man of colour should be apprehended as a
runaway, he is subjected to the payment of all fees and rewards given by
law for apprehending runaways; and upon failure to make such payment, is
liable to be sold as a slave." "That is," said Judge Jay, "a man
acknowledged to be free and unaccused of any offence is to be sold as a
slave to pay fees and rewards given by law for apprehending runaways. If
Turkish despotism is disgraced by an enactment of equal atrocity, we are
ignorant of the fact." The committee thought the law rather hard, and
recommended such an alteration of it as would make such charges payable
by the corporation of Washington. But even this alteration was never
made. "The code of Washington," Jay said some years later, "is yet
polluted by unquestionably the most iniquitous statute in Christendom."
Public-domain text, read in full here on John Shaqi.
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