Mr. BEDINGER moved to strike out the following words in the first section, after the word "color," "with intent to keep, sell, or dispose of such negro. mulatto, or person of color, as a slave." Mr. B. said his object was to prohibit persons of color from being brought into the United States, norise.

H. of R,

Importation of Slaves.

DECEMBER, 1806.

On motion of Mr. JEREMIAH MORROW,

Mr. ELY said there was another circumstance Resolved, That this House doth agree to the which rendered it necessary for the Committee to said resolution; and that Mr. JOSEPH CLAY, Mr. rise; there was another evil which required cure. THOMAS M. RANDOLPH, and Mr. DANA, be apAccording to two of the sections of the bill, the car-pointed a committee on their part. go was to be forfeited, if it should be brought into a State where there was no slavery. What would Resolved, That the Committee on Public Lands the effect be there? It would be a question whe- be directed to inquire into the expediency of makther they would be thereby manumitted? Theying further provision for the sale of the sections were as liable to be brought into Massachusetts, heretofore reserved for the future disposition of where slavery was not permitted, as into any Congress; and that they report by bill, or otherother State; and if sold in Massachusetts he wished wise. to know what effect would ensue? If they were about to adopt a system of slavery in that State, he hoped neither the gentlemen from the North or the South would be in favor of the provision, as it would be in direct contravention of one of the principles of her constitution. For this reason, among others, he thought the subject required serious consideration, and that it was advisable for the Committee to rise, that the bill might go to a select committee for further investigation.

The question was then taken on the rising of the Committee, which was carried without a division and leave granted them by the House to sit again.

THURSDAY, December 18.

Another member, to wit: ANDREW GREGG, from Pennsylvania, appeared, and took his seat in the House.

On motion of Mr. STANTON,

Resolved, That the Secretary of the Treasury lay before this House a statement of the direct tax, specifying the quotas assigned to each State, and the arrears, if any, of the individual States.

On motion of Mr. CROWNINSHIELD, Resolved, That the Committee of Commerce and Manufactures be instructed to inquire into the expediency of erecting buoys and beacons on or near the rocks and shoals in the passages leading to Salem harbor, in the State of Massachusetts. On motion of Mr. DAWSON,

Ordered, That the petition of Robert Peter and others proprietors of squares and lots in the City of Washington, presented to this House on the fourteenth of March last, be referred to Mr. DAWSON, Mr. MAGRUDER, and Mr. VAN RENSSELAER; to examine and report their opinion thereupon, to the House.

Mr. Dawson, from the committee appointed, on the third instant, on so much of the Message of the President of the United States as relates "to a revision and amendment of the laws for the punishment of crimes against the United States," presented, in part, a bill to provide for the punishment of certain crimes against the United States; which was read twice and committed to a Committee of the Whole on Monday next.

On motion of Mr. JACKSON,

Resolved, That the Committee on Public Lands be directed to inquire into the expediency of repealing so much of the act of Congress, of the twenty-third of March, one thousand eight hundred and four, as limits the time in which locations of Virginia military warrants shall be made.

Mr. J. RANDOLPH, from the committee to whom was referred so much of the Message of the President of the United States as relates to the invasion of our territory by the troops of Spain, and to the adoption of measures for the protection thereof, respectfully recommended the following resolutions:

1. Resolved, That provision ought to be made by law to fortify and defend such position on the Mississippi, below the city of New Orleans, as the President of the United States shall designate for the protection of that city; and that further provision ought to be made by law for guarding the approaches to the same from the East.

2. Resolved, That the President of the United States be authorized to accept of any company or companies of volunteers, either of artillery, cavalry, or infantry, who may associate and offer themselves for the service, (not exceeding — thousand men,) who shall be clothed and furnished with horses at their own expense, and United States, except such of them as may choose to armed, and otherwise equipped at the expense of the

furnish their own arms, and whose commissioned offiMr. HOLMES, from the Committee of Claims, ritorial authorities; who shall be liable to be called upon cers shall be appointed by the respective State and Terto whom was referred, on the fifth instant, the to do military duty at any time the President shall petition of Benjamin Sadler, made a report there-judge proper, within - years after he shall accept the on; which was read, and ordered to lie on the table.

same; and when called into actual service and whilst remaining in the same shall be under the same rules and regulations, and be entitled to the same pay, rations, forage, and allowance for clothing, with the regular troops of the United States.

This report, together with the accompanying documents, were referred to a Committee of the whole House to-morrow.

Mr. DARBY, from the committee appointed on the eighth instant presented a bill to incorporate the Trustees of the Baptist Church, in the City of Washington; which was read twice and committed to a Committee of the Whole on Monday next. The House proceeded to consider the resolution of the Senate appointing a committee, jointly, with a committee to be appointed on the part of IMPORTATION OF SLAVES. the House of Representatives, for the purposes ex- The House again resolved itself into a Compressed in the "Act making a further appropria-mittee of the Whole, on the bill prohibiting the tion for the support of a Library." importation of slaves.

DECEMBER, 1806.

Importation of Slaves.

H. OF R.

that it would not take place. Mr. B. said, he also felt repugnant to this provision, because it gave to the United States the price of this species of plunder; and carried it into the public Treas

After a few remarks, from different gentlemen, on the amendment of Mr. BEDINGER, and a like provision, suggested by Mr. EARLY, which he said he would offer in case the former should be negatived, the question was taken on Mr. BEDIN-ury-thus substituting the United States in the GER'S amendment, which was not agreed to.

Mr. EARLY said, the fourth section required one or two small amendments. He accordingly moved to add, after the word "color" "unless previously sold, under a sentence of condemnation, by a court having competent jurisdiction." As the bill stood, there might be some doubt, whether the forfeiture would not attach to a sale subsequent to that consequent on condemnation.

Mr. BIDWELL said, in case the Committee should disagree to this amendment, he would move to strike out that part of the section which declared that persons of color, imported into the United States, should be forfeited.

The debate that ensued turned principally on the expediency of agreeing to this amendment, which was supported by Mr. BIDWELL, and opposed by Mr. EARLY.

Mr. BIDWELL observed, that there were strong objections against the forfeiture of persons of color imported into the United States. As the bill stood, the forfeiture was to be followed by a sale of these persons, as property, as slaves. On this point there was a great diversity in the laws and habits of the respective States; to avoid an interference with which, it appeared to him most advisable to do away the forfeiture, leaving their disposition to the provisions of the laws of the several States. If this part of the section should be struck out, those laws would operate on this point.

place of the first owners. His wish was, that the United States should themselves decline giving their legal sanction to any such sale, by leaving the business altogether to the several State authorities. This difficulty might be entirely avoided by striking out the forfeiture of persons, confining the penalty to a forfeiture of the ships, and imposing a fine on the owners. If this part of the bill should be struck out, other measures of prevention, in case they should be thought necessary, might be provided.

Mr. EARLY observed that this motion could only be viewed as an old thing offered in a new shape, intended to have the same effect as the motion offered the preceding day declaring persons of color imported into the United States free. He thought it betrayed great inconsistency. Those who advocated it had yesterday supported an amendment which, by declaring all such persons free, went directly to interfere with the laws of States where slavery was permitted; to-day they gravely maintained the inexpediency of any such interference whatever. The great difficulty insisted upon was, that the operation of this law in States where slavery was not permitted would contravene the existing laws by forfeiting the imported slaves. But this difficulty had no solidity in it-it was altogether ideal, as from the nature of things the case of an importation in such States could not occur; at all events, it was among the most improbable events in nature. It could not, There would, he said, be a serious difficulty in therefore, be conceived that the present opposition adopting the principle of forfeiture accompanied to this provision of the bill was founded on the with a sale. In some of the States, the idea of avowed ground; it must be bottomed on some such a species of property was excluded by their other. As to the assumption that it would be an constitutions; in those States there could be no infraction of principle on the part of the United such thing as a slave. It was true, that the con- States to be concerned in any act which would stitutions and laws of such States did not go the involve a transfer of this description of persons, length of interfering with the laws of other how did gentlemen who felt these scruples reconStates, where slavery was permitted. If fugitives cile their objections with the act imposing a direct from them sought an asylum in the State of Mas- tax, in the collection of which slaves were consachusetts, for instance, they were faithfully re-sidered as property, and were sold for its satisfacstored, under the provisions of the Constitution of tion in cases of default? How could they get the United States. Neither did the laws of Mas-over the difficulty which arose from the execution sachusetts interfere with travellers passing through of laws imposing fines and penalties in the Southit with slaves; but so far as it respected persons ern States, under which slaves were sold as propcoming to reside in the State, they were manu- erty? If it were still said that this was a violamitted, as a matter of course. He believed that tion of principle, it must be allowed that it was a no contract for their sale within the State would violation which had been practised from the inbe of any validity; nor did he believe any power fancy of the Government. had been given to the United States to render such sale valid. If there were such a power, its tendency would be to introduce into that State persons contrary to its laws. If such a sale were valid, it would interfere with those laws; and if not valid, it would be a perfect nullity, and the provision be thus altogether inoperative. It was admitted that there was no probability of such an importation into States where slavery was not allowed; yet such a thing might take place, and Congress ought not to legislate under the idea

Mr. E. concluded by observing that he had no objection so to modify the bill as to get over this ideal objection, to do which he had penned an amendment, the purport of which was so to alter the bill as to provide that the owner and master of ships in which slaves should be imported should each pay dollars, and that such ships should be forfeited in States not permitting slavery.

On agreeing to this amendment, the House divided-yeas 33, nays 42.

Mr. BIDWELL moved to strike out all that part of the fourth section which related to the forfeiture of negroes.

Mr. EARLY asked, what substitute was intended. Mr. BIDWELL replied, that he should move that the Committee rise, and that the bill be recommitted.

Mr. QUINCY, of Massachusetts.-I am opposed to the motion of my colleague, (Mr. BIDWELL,) to strike out the forfeiture. The United States ought to retain the control of them. What is to be done with them, is another question. But for the United States to divest the old owners of their right, and provide no means for their protection afterwards, appears to me cruel and dangerous. They are helpless, ignorant of our laws, and of our language and manners. How are they to be supported? If imported into the South, they will be slaves; if into the North, vagabonds. My colleague ought to show what is to be done with them. I am not prepared with a plan, but I should suppose that they might be disposed of in service, in such States as would admit them, at the discretion of the Secretary of the Treasury. If forfeited to the United States, we can, by a general provision, do what we please with them. And I have no doubt that what we do will be both prudent and humane.

DECEMBER, 1806.

men being concerned in this trade. He lived in the interior of the country, and had little acquaintance with mercantile men. If they were concerned, he was willing that they should be punished by fine and penalties, and to any extent; but he was still opposed to a forfeiture of the negroes generally by a law of Congress. The States may determine, perhaps, whether it shall be done. Mr. QUINCY, of Massachusetts.-I think I now understand the plan of my colleague, (Mr. BIDWELL,) and I like it less than before. It is "to leave them to the operation of the laws of the respective States." This is only another form of expression of leaving them to be slaves. It is leaving the title of these persons according to the laws of the State into which they are imported. Is the gentleman sure this will not be an encouragement? It certainly will be, if the importer can find means to evade the penalty of the act; for there he has all the advantage of a market enhanced by our ineffectual attempt to prohibit. If he relies upon the penalty, I have no doubt it will be evaded. Persons without responsibility will be made captains of these ships, or other means devised to escape the penalty, and as his property is, by this amendment, secured to the owner, great profits will result from the traffic.

Mr. SLOAN, of New Jersey.-I am opposed to the amendment which the gentleman from Georgia (Mr. EARLY) is anxious to introduce into the bill. I shall beg leave to drop a few sentiments on this subject that will go to the general issue. I shall say nothing of the morality or immorality of these, in the condition of this traffic. None but the Southern gentlemen have touched on this point. I hope that all of us are disposed to make this law effectual, and I trust that such an everlasting stigma will not be left on Congress, as it must be, if we leave these poor creatures in a mis

Mr. D. R. WILLIAMS.-I agree with the gentleman from Massachusetts, who spoke last, that the amendment ought not to be adopted. It is incumbent on the gentleman who introduced it, (Mr. BIDWELL.) to tell us what is to be done with these negroes, if they are not to be forfeited. I say, it is his duty to inform us how they are to be disposed of. Give up the idea of forfeiture, and I challenge the gentleman to invent fines, penalties, or punishments of any sort, sufficient to restrain the slave trade. The same identical persons will break this law who have broken the act of 1794. And who are these persons? They are the gen-erable helpless condition. tleman's own countrymen; they are the people of Rhode Island, who are concerned in this business. You cannot stop the trade by penalties. I have myself seen a ship of more than three hundred tons, the George Washington, sold for five dollars. Nobody would bid. The gentleman over the way shakes his head; he acknowledges the truth of my remarks on his countrymen.

You have got, gentlemen, into a great difficulty. You are completely hobbled. It is so bad that you cannot go on, and you must stick where you are. Let me ask, what is the usual conduct of Legislatures on local subjects? Do they not inquire of those who are informed? Are they not guided by those who are competent to judge?

The gentlemen from the South, who understand this subject, tell you how this business must be done. But the gentlemen over the way seem anxious now, as on a former occasion, to draw a revenue from the blood and sweat of the miserable Africans. I will not say that this is their motive, but their conduct certainly justifies a suspicion, that their object is to pass such a law as will connive at the continuance of the trade, for the emoluments of their constituents.

Mr. BIDWELL knew nothing of the New England

I will drop a few words on the subject of yesterday's debate, respecting the forfeiture of negroes. The gentleman from Georgia (Mr. EARLY) attempted to terrify the Committee, by making a dreadful picture of the people's rising en masse. But I hope Congress will not leave the poor and needy, the dumb and the lame, and those who cannot plead their own cause, in the miserable condition gentlemen have described.

Mr. KELLY, of Pennsylvania, would not vote for the amendment of the gentleman from Massachusetts, (Mr. BIDWELL,) until he knew what was to be substituted. Besides, if the amendment prevailed, it would interfere with the second section of the bill, and that must also be struck out. Mr. ALSTON spoke a few words.

Mr. EARLY. I did suppose that the United States would pass a law themselves, as soon as they had the power, to prohibit the slave trade effectually. But the gentleman from Massachusetts (Mr. BIDWELL) proposes that Congress shall relinquish all the credit of this measure, and resign it up to the States. This, I hope and trust, Congress will never agree to.

If the amendment prevails, I tell you that slaves will continue to be imported as heretofore. I tell

the gentleman from Massachusetts, what every man in the Southern States knows already, that slaves will continue to be imported, unless you forfeit them. You cannot get hold of the ships employed in this traffic. Besides, slaves will be brought into Georgia from East Florida. They will be brought into the Mississippi Territory from the bay of Mobile. You cannot inflict any other penalty, or devise any other adequate means of prevention, than a forfeiture of the Africans in whose possession they may be found after importation. I tell you this is the only effectual method. I implore Congress to look seriously on this subject. I implore them, if they do anything, to pass a law which will not disgrace themselves. Mr. PITKIN, of Connecticut.-Mr. Chairman, I rise, sir, for the purpose of making a motion, which, I trust, will supersede the one now before the Committee. It is, that the Committee should rise, and that the bill before them be referred to a select committee. Under this motion, I presume it will be in order to state my reasons, generally, without being confined to the question of amending the fourth section of the bill, which is now before the Committee.

In my apprehension, sir, there are material defects, not only in the fourth section, but in other parts of this bill, and that amendments can be made with greater convenience and with more correctness in a select committee, than in the Committee of the Whole.

H. OF R.

lic coffers? I trust not, sir; I believe some other mode may be devised to prevent the slave trade. While I am unwilling to give my assent to this mode of disposing of them, I am free to confess that I feel the force of the remarks made by the Southern gentlemen, that, unless some care should be taken of them after they are landed, the property, and perhaps the lives of those who live in States where slavery is permitted, would be insecure. And here, sir, I would suggest, whether, instead of selling those unfortunate beings as slaves, provision might not be made, that they should be disposed of for a term of years; say seven, eight or ten years, until they should be able to support themselves, and at the end of the term they should be free. If Congress have power to prohibit their importation, they certainly have power to say, that the importer shall have no right or claim whatever in them; and also to declare what shall be their state and condition when imported. Indeed, sir, Congress have already determined this principle in May, 1800. They passed an act, in addition to an act, entitled "An act to prohibit the carrying on the slave trade from the United States, with any foreign place or country."

By the fourth section of this act, the commissioned vessels of the United States are authorized to seize and take any vessel employed in carrying on the slave trade with foreign countries, and in the same section it is declared, "that all persons ' interested in such vessels, &c., shall be precluded from all right or claim to the slaves found on board such vessel, and from all damages or retri'bution, on account thereof." And, I would here ask, whether it is not our duty to protect, and take care of, these unfortunate wretches, who may "That if any negro, mulatto, or person of color, the be thus landed on our shores, destitute of every importation or bringing of whom is by this act prohib-means, either of protection or support? For the ited, shall, after the 31st day of December, aforesaid, be found within the United States, or the territories thereof, every such negro, mulatto, or person of color, shall be forfeited."

As an amendment to the fourth section has been moved, I shall beg the indulgence of the Committee, while I, in the first place, state my objections to this part of the bill. This section provides:

latter clause of the fourth section of this bill is as follows: "And if any person or persons shall be concerned in buying or selling such negro, &c., every person so concerned, shall forfeit and pay 'five hundred dollars for each negro so bought or sold." Thus situated, they must either starve to death, or steal for a subsistence.

As the persons thus brought into the country contrary to law, are to be "forfeited," they are to be proceeded with, as appears, by a subsequent section of the bill, "in the manner prescribed by the act, entitled "An act to regulate the collec-ency of the clauses in the fourth section. By the tion of duties on imports and tonnage."

What, sir, is this process? They are to be seized by the revenue officers as goods, wares, and merchandise, imported contrary to law. They are to be livelled in the federal courts, are to be condemned, and then sold to the highest bidder by an officer of the court at public auction, and one half of the avails, at least, is to be paid into the Treasury of the United States. This, sir, is a proposition, this is a mode of proceeding against those persons, to which I cannot bring my mind to consent, unless absolute necessity should require it. What, sir, shall we, in a law made for the express purpose of preventing the slave trade, declare that these unfortunate blacks, brought into this country, not only against their own will, but against the express provisions of the law itself, shall be sold as slaves for the benefit of the United States, and the price of their slavery be lodged in the pub

And here I cannot but remark, the inconsist

first clause, the negroes, &c., are to be forfeited, and, of course, to be sold at public auction; and in another clause, both those who sell and those who buy them, are subject to a penalty of five hundred dollars.

But, sir, the great object of the bill is to prevent the importation of slaves. Let us,' in the next place, attend to the provisions in this bill, which are intended to effect this object. The second section is:

"That, if any person or persons shall, after the 31st day of December aforesaid, build, equip, fit, load, or in any wise prepare, or shall engage or be concerned in preparing, &c., any ship or vessel, in any port or place within the jurisdiction or limits of the United States, for the purpose of employing such ship or vessel in importing any negro, &c., every such person shall forfeit and pay, &c., and such ship or vessel, shall be forfeited."