vant, Tucker, Verplanck, Washington, Weeks, White, of New York, White, of Louisiana, Wickliffe, Wilde, Wingate, Yancey.-123. [H. of R. organization of the army in conformity with the reduction proposed." The amendment was agreed to: yeas, 85-nays, 44; and The resolution, thus amended, was adopted, without a division. THE INDIANS. NAYS.--Messrs. Angel, Arnold, Bailey, Barber, Bart- So the resolution was adopted. read. Mr. DWIGHT thought that, as some important amendments had been made by the Senate, it was desirable to obtain the sense of the Committee on Indian Affairs regardbe appointed a committee to go to the Senate, and at the bar thereof, in the name of ing these amendments, before they were committed to the the House of Representatives, and of all the people of the Committee of the Whole on the state of the Union. Mr. BELL said, the amendments were substantially the United States, to impeach James H. Peck, judge of the district court of the United States for the district of Mis-same in principle as the bill which was reported by the souri, of high misdemeanors in office; and acquaint the Committee on Indian Affairs contained. Senate that the House of Representatives will in due time exhibit particular articles of impeachment against him, and make good the same; and that the Senate be requested to make order for the appearance of the said James H. Peck, to make answer to the same. The committee was ordered to consist of two members. Mr. LUMPKIN made some remarks to the same effect. Mr. DWIGHT then withdrew his motion, and the bill was committed to the Committee of the Whole on the state of the Union. THE TARIFF. Mr. MALLARY, with a view to go into committee on the tariff bill, moved to postpone the intervening orders of Resolved, That a committee be appointed to prepare and the day, amongst which was the bill respecting the Tenreport to this House articles of impeachment against James nessee lands, which Mr. CROCKETT made an earnest H. Peck, district judge for the State of Missouri, for mis-effort to prevent from being postponed; but Mr. MALLAdemeanors in his said office. The committee was ordered to consist of five. MONDAY, APRIL 26, 1830. THE ARMY. RY's motion prevailed, and The House went into Committee of the Whole, Mr. POLK in the chair, and took up the bill to alter the several tariff acts, to provide for the more effectual collection of duties, and to prevent evasions of the revenue. Mr. McDUFFIE rose, and commenced by saying that The House resumed the consideration of the resolution the bill under consideration was designed to enforce existdirecting the Secretary of War to report to the next Con- ing laws of the country, and effect a more faithful collecgress an organization of the army, with a view to a reduction of the duties on imports. This was an object right tion of the number of the officers. and proper in itself, and one which he was willing to proMr. SPENCER, of New York, observed that the reso- mote. He would be always in favor of enforcing the faithlution seemed aimed at an institution, (the West Point Aca-ful collection of the revenue, even though he might object demy,) which is the ornament and safety of the country; to the laws by which it was levied. In this case, however, and with a view to try the sense of the House on it, and put an end to the protracted debate, he moved to lay the resolution on the table. Mr. DESHA requested Mr. S. to withdraw his motion, to give him [Mr. D.] an opportunity of making some further remarks on the subject; but Mr. SPENCER said he could not do so compatibly with his sense of duty, and the gentleman must excuse him. he would attain the faithful collection of the revenue by a mode different from that contemplated by the bill. He would do it by diminishing the duties, and thereby removing the inducement to evade the duties. With this view, he moved to amend the bill as follows: Strike out all of the bill after the first section, and insert the following: Sec. 2. And be it further enacted, That, from and after the 30th of June next, so much of the act of the 19th of The question was then put on laying the resolution on May, 1828, as increases the duty on wool manufactured, the table, and negatived by the following vote: yeas, 64—and on manufactures of wool, or of which wool shall be a nays, 96. component part, be repealed, leaving the duties on said Mr. DESHA then spoke at some length in further sup-articles as they stood previous to the passage of that act; port of the policy of reducing the number of officers, and against the Military Academy. and that, from and after the 30th of June, 1831, so much of the act of the 22d May, 1824, as increases the duties on the aforesaid articles, be, and the same is also, repealed, leaving the said duties as they stood previous to the passage of the said act. Mr. WILDE did not rise to address the House again on the merits of the resolution; but not wishing to vote for it in its present shape, and the House having refused to lay it on the table, he rose to offer an amendment which would And be it further enacted, That, from and after the 30th make it more acceptable to himself and perhaps many of June next, so much of the aforesaid acts of the 19th of others. At present the resolution was not a simple inqui- May, 1828, as increases the duty on iron in bars and bolts, ry; it would carry with it an expression of opinion by the whether manufactured by rolling or hammering, on hemp, House on the question of reducing the number of officers. on flax, on cotton bagging, on molasses, on indigo, on This he disapproved of; and, to obviate the objection, he manufactures of cotton, or of which cotton is a component moved to strike out the matter of the resolution, and sub-part, be repealed, leaving the said duties as they stood stitute the following: That the Secretary of War report to previous to the passage of the said act; and that so much the House, at its next session, "whether any reduction in of the aforesaid act of the 22d May, 1824, as increased the the number of officers in the army of the United States can duty on any of the aforesaid articles, be repealed from and be made without injury to the public service, and, if any, after the 30th of June, 1831, leaving the duties on the said what reduction; together with a plan for the most efficient articles as they stood before the passage of that act. H. of R.] Maysville Road Bill. [APRIL 26, 1830. And be it further enacted, That the duty on salt be re- guarded. The subscription now asked is not to be advanc duced to ten cents per bushel of fifty-six pounds, from ed, until enough has been actually paid by individuals and after the 30th of June next. and the State, to equal the amount paid by the General Mr. McDUFFIE then proceeded to discuss, at large, Government. The sum reserved to individuals has all the policy of the protecting system, and to exhibit what been subscribed, amounting to seventy-five thousand dolhe deemed its pernicious effects on the various interests of lars, and the State of Kentucky has subscribed seventy-five the country. He had spoken about two hours, when he thousand dollars more; both these sums are to be fully paid stated that he had now gone through the dry and less in-before the subscription of the United States is to be deteresting topics involved in the discussion; what he had manded. To illustrate the importance of this road, I have further to say on the subject, touched considerations of a a few strong facts to lay before the House. The company character more vital and interesting. Being, however, hired a man during one month, to record the number of somewhat fatigued, he would prefer postponing his further persons, wagons, horses, cattle, &c. which passed over remarks until to-morrow. the road; and the average for a day, derived from this record, amounts to three hundred and fifty-one persons, thirty three carriages, and fifty-one wagons. MAYSVILLE ROAD BILL. Mr. LETCHER, of Kentucky, for the purpose of indulging the gentleman, suggested that the committee should lay aside this bill, and take up, for the remainder of the sitting, some minor bill, that would occupy but little time; and he therefore moved that the committee take up the bill authorizing a subscription on the part of the Government to the stock of the Maysville and Lexington Turnpike road; which motion prevailed, and the bill was accordingly read. I hold the document in my hand, subject to the inspection of any gentleman who may desire to examine it. There is no intention to induce the House to subscribe to a mere neighborhood road. The calculation above quoted must convince every gentleman that this is a road greatly travelled--that it is both useful and used. And while the aid of Government will put it in a good condition, the Government will not lose a dollar by its beneficent operation. It is known to many gentlemen on this Mr. LETCHER rose in explanation of the bill. He floor, that the road is one of the worst in all our country. said he did not at present intend to do more than to offer, In the winter it is almost impassable, owing to the depth for the information of the House, a very brief statement of the soil, which readily forms deep mud holes. Such of facts connected with this application to Congress. The is the difficulty of getting along, that the wagoners have Legislature of the State of Kentucky, [said he] by a well sometimes to join themselves in gangs to lend each other drawn and well guarded charter, have incorporated a assistance. Double teams are often hitched to the same company to construct the road referred to in the bill just wagon; and not unfrequently they become so deeply mired read, under the name of "the Maysville, Washington, that the neighbors have to turn out to aid the teamsters; Paris, and Lexington Turnpike Company.' The subject and in winter it often happened, after sticking in the mire, is one of very great solicitude in the State, and more par- that they are frozen up entirely. The same state of things ticularly in that interesting portion of it through which the exists in reference to the mail; and a great saving will be road is to run. The attention of the General Government effected by the Government, both as to time and expense has long since been drawn to the importance and utility of in its transportation. Should the road be properly made, this great highway; and under its immediate direction, the saving on this head alone will more than compensate skilful engineers, in the year 1827, made a survey from you, even if the money was given, instead of subscribed. Zanesville, in Ohio, to Florence, in Alabama, including I promised, sir, to be very brief; I trust I have fulfilled that that portion of it over which the contemplated road is to be made. The report of the engineers, sir, is now before me--it is made out with great care, enters minutely into details, and, upon examination, will, I trust, be found entirely satisfactory and accurate. fited. promise. Whilst I do not desire or anticipate any opposi tion to the passage of the bill, yet I hold myself ready now, and at all times, to defend it, should any be offered. Mr. FOSTER, of Georgia, moved to strike out the enacting clause of the bill. He could not but feel surprised With the indulgence of the House, sir, I will add only at the confidence expressed by the gentleman from Kena word or two to show the great importance of the road, tucky, [Mr. LETCHER] that the bill would meet with and to prove, that, by granting the subscription of stock no opposition; this surprise was only equalled by that asked for, the Government will not expose itself either to which he felt at the support which the Committee on loss or injury, but, on the contrary, will be highly bene-Roads and Canals had given to the proposed measure by even reporting the bill. But the gentleman tells us this Maysville is a flourishing and growing village, on the is a national road-and what are the evidences of its na south side of the Ohio river, about sixty miles above Cin- tionality? Why, forscoth, that immense numbers of cinnati. It is already a point of considerable commercial horses, wagons, &c. travel it, and that in certain seasons consequence, and no doubt will continue to increase ra- of the year it is almost impassable. Really, sir, [said Mr. pidly, both in wealth and commerce. It is justly consi- F.] if these are the characteristics of a national road, our dered the great depot of the Kentucky merchants who country abounds with them; there is scarcely a market trade to the East. From that point an immense quantity road in Georgia or Carolina, which might not, with great of merchandise, as well as other articles, is conveyed propriety, claim the distinction. But Mr. F. was 100 through various portions of the State. much indisposed to enter into a discussion of the merits of the bill, and was satisfied with having drawn the attention of the committee to it. The road designed to be improved is intended to intersect the great national road in the State of Ohio. It connects itself also on each side with the Ohio river. These Mr. HAYNES inquired whether any survey of this road two connexions most certainly and justly entitle it to the had been made by the United States' engineers; or wheappellation of a national work. Its present condition is too ther the House was to take the statement of the expense bad to be particularly described, probably the very worst on the estimates of those interested. in the United States, while at the same time it is more tra- Mr. LETCHER replied, that an engineer named Wilvelled, in proportion to the population of the country, than liams, the same person who had been employed by the Goany other section of the West. The facility with which vernment on the Cumberland road, had surveyed this road. it can be constructed, and the small expense compared It had also been reported on by engineers in the United with the great benefit to the country, recommends in the States' service. strongest manner the proposition to take stock to the favorable consideration of the House. The bill is well Mr. HAYNES said, we all know with what facility such surveys are procured, and how easy it is to get subscrip APRIL 26, 1830.] Maysville Road Bill. [H: of R. tions to any new scheme, especially where the Govern- in the shape of charity. They asked for no gift, no, noment is to be a partner. Some years ago, the House was thing like it; but merely invited a subscription of stock to urged to subscribe to some such undertaking. He be- assist in the improvement of a most important and useful lieved it was to the Chesapeake and Delaware canal, when work, and one which was known to be strictly national. it was pressed as an argument in its favor, that the Dismal Though Kentucky had never yet received a cent from this Swamp canal, a link in the great chain of internal commu- Government, while she saw the public money expended nication, as it is called, had been completed; and yet, since elsewhere for objects of internal improvement, who, sir, he had been a member of this House, a further subscrip- has ever heard hor utter a groan, or heave a sigh? He tion had been asked and obtained to the stock of the Dis- trusted she would always have too much pride to beg or mal Swamp canal, since which time, a further subscrip- to murmur. No, sir, her people are not a begging people. tion had been obtained for the same object. Four years She had always voted to appropriate money for similar obago, we had been asked to subscribe one hundred thou-jects; and whenever any scheme of the kind was proposed sand dollars to the stock of the Louisville and Portland to the House, she presented almost an undivided front. canal, as necessary for its completion, which was granted. And why? Not from any selfish and sordid motives, but Since that time, a further subscription, of what precise because she was anxious to promote the prosperity and inamount he did not recollect, had been sought and obtain- terest of the country, a part of which she is, I hope, coned, and a still further subscription is now asked for. He sidered. said, that, laying aside every other consideration but the mere question of expediency, (although his opinions as to the constitutionality of such measures are well known,) he trusted the House would consider maturely before it en gaged in such an undertaking. Mr. LETCHER replied. Whilst one of the gentlemen from Georgia urged his objections to the bill, sir, the other, I thought, seemed much grieved at the subscription which had heretofore been made to the Louisville and Portland canal, and argued that more money was to be applied for before the adjournment of Congress. When that bill is called up, Mr. HAYNES regretted that the honorable gentleman sir, let the gentleman offer his objections to it. My col[Mr. LETCHER] should have supposed him capable of en- league, [Mr. WICKLIFFE] who represents that region of tertaining vindictive feelings towards Kentucky, Kentuck- the country, will be ready to meet him. But I beg of ians, or to any enterprise in which they were interested. the gentleman, [Mr. HAYNES] whatever vindictive feelHe cherished too high a respect for the gentleman from ings he may entertain towards that measure, not to wreak that State, with whom he had become acquainted here and his vengeance upon this unoffending one. The Louiselsewhere, to indulge such feelings. [Mr. LETCHER ville canal is no Kentucky measure, and the State cannot explained, and disclaimed such an imputation.] be charged with the investment made by the Govern It Mr. HAYNES said, he could not permit the inference ment for that work. It is a measure in which the States to be drawn from the remarks of the gentleman from Ken-above and below Kentucky, I might almost say, sir, are tucky, that he [Mr. H.] entertained the opinion that this exclusively interested. The improvement now so warmGovernment has the power to engage in works of internal ly opposed by the two honorable gentlemen, I acknowimprovement. In his opinion, the subscription to stock ledge, sir, is of immense consequence to the State. stood precisely on the same footing, in principle, with a leads to one of the most fertile regions of the earth, and direct appropriation of money for the construction of a connects it with a navigable stream, a country beautiful road or canal. Indeed, he considered it as not differing and highly productive. Without it, what is our situation? from the construction of such a work by the Government. Why, sir, a little like living in the happy valley, very difHe considered the power of taxation to be limited by ficult to get into it, and yet more difficult to get out of it. the specific grants in the constitution, and, consequently, We have every thing in great abundance, and to spare, the power of appropriation was subject to the same limi- that man could desire, except an outlet to a good market. tations. The relative could not be broader than its ante- We raise, sir, far more than we can consume, and we are cedent. However, he did not intend to argue the consti- desirous of furnishing our neighbors out of the surplus, tutional question, but thought thus much necessary by on the best terms, and upon the shortest notice. The way of protest against all such acts whatsoever. road must be owned to be national as soon as it reached Mr. LETCHER, in reply, insisted that the road in this the great Ohio river. Did it lose its national character bill was strictly national in its character. Sir, [said he] because it was to be so much used by the people of Kenfrom what has fallen from the two gentlemen from Geor- tucky? It has been emphatically asked why the State does gia, [Mr. FOSTER and Mr. HAYNES] I must have been pecu- not make the road herself. Sir, [said Mr. L.] the State liarly unfortunate in the very few remarks I had the honor is new, her resources are limited; she would make it if of submitting when first up. I endeavored to make my- she could; she seeks nothing of you as a gift, but only a self understood. I stated then, sir, and now repeat that little assistance to advance your own interests as well as statement, that it is expected, and that it is designed to hers. You are a rich and able Government, with ample continue the road through the State of Ohio, until it inter- means at your command, and cannot lose one cent by comsects the great national road usually known as the Cum- plying with her request. Will you refuse it? Let me, berland road, and that this was the commencement of the sir, put one plain question to the friends and to the oppos scheme. Yet, sir, gentlemen seem to misunderstand, or ers of internal improvement. What would you think of to misapply, what has been said, and to persist in the inti- the character of a father, who had eight or ten children, mation, that the object is to obtain governmental assist each of whom possessed a fine farm, rich and fertile, well ance for local accommodation. It is not so. The object, situated, and in perfect order, if a younger child, always sir, has been fully and fairly avowed. Until now, I had affectionate and dutiful, who had ever been ready to serve supposed it was very generally admitted that the most un- its parents by day or by night, in peace or in war, and exceptionable method in which the Government could en- who had not deserted him in his deepest affliction, should gage in works of internal improvement, was to subscribe present itself before him, and say, father, I see that all my stock in companies formed by individual enterprise. But, brothers are prosperous and happy, they have fine settleat present, it seems to be feared by the gentlemen that this ments and are doing well--I am glad to see it. I helped is the mode best calculated to draw money from the trea- all I could to make them so. I do not envy any one of sury, to be distributed or given in a neighborhood. He them his good fortune. My own farm, however, is in a begged gentlemen to believe, that though the road was bad condition. I have had a great deal of hard work to exceedingly bad, and a good one much needed, yet the do, and at this moment I am a little behindhand; and as friends of the bill were far, very far, from asking any thing you, father, are in funds just now, I pray you to advance H. of R.] Penitentiary Punishment. [APRIL 27, 1830. me a small sum to aid me in completing an improvement word "free" in the provisions of the bill, so as to make highly advantageous both to you and to me; I ask it not them applicable to "free persons" only. On the question as a gift, but merely the use of it for a short period. Sir, of concurring in this amendment, Messrs. TEST, POW. is there a gentleman here who could or would justify the ERS, SPENCER, of New York, BUCHANAN, TAYfather in refusing such a request? and what sort of a father LOR, and PEARCE spoke in opposition to it, and Messrs. must he be who could turn that child from his door? The POLK, HAYNES, BOULDIN, WASHINGTON, and case I have put, I think, sir, illustrates our true situation. MERCER advocated it. Finally, I will not comment upon it. I will say, however, we The question was decided by yeas and nays, against conscorn to complain of the help which has been extended curring in the amendment, as follows: yeas, 73-nays, 88. to others; but we shall think it very strange and very un- Mr. HAYNES then moved to retain the discrimination kind, if, when we come for the first time, and ask you to in the fourth section, which prescribes the punishment for do a most just and reasonable thing, to aid an enterprise in rape, so as to make this a penitentiary offence for "free" every respect worthy of the patronage of the Government, persons, and death for slaves; the latter being the penalty you should refuse it. I hope my friend from Georgia of the offence under the existing laws of the District. [Mr. FOSTER] does not desire to throw any unnecessary obstacles in the way of this bill, should it be the pleasure of a majority to pass it; and I would most respectfully submit to him to withdraw his motion to strike out the first section, and let the bill be reported to the House. He can afterwards make any opposition he may think fit. This course will save a great deal of time, and I trust he will consent to it. Mr. FOSTER said that he most cheerfully accorded to the chivalrous and high-minded Kentuckians all the respect and gratitude to which their sufferings and services in the cause of our common country so eminently entitled them. Nor had he for a moment considered, much less intimated, that, in making the application which the bill under consideration is designed to favor, they approached us in the language of supplication or complaint; he knew too well the proud and lofty spirit of that gallant people, to believe that they would descend to either. This amendment was agreed to: yeas, 79-nays, 69. Mr. HAYNES then moved further to amend this clause, by inserting the word "white" after "free," so as to exclude all colored persons from the penitentiary punishment for the offence. This motion was opposed by Messrs. SPENCER and BURGES, on the ground of the difficulty that would of ten occur in deciding whether a man was white or not; and was negatived: yeas, 54-nays, 66. Mr. BOULDIN moved to strike out the whole section, and thus leave the crime as it now is, to be punished in all cases with death; that being the penalty for it in all civilized countries. After some discussion, This motion was negatived: yeas, 54-nays, 65. Mr. J. S. BARBOUR submitted his objections to the bill, growing out of the provisions relative to slaves, and going to affect the condition of that property in the cir cumjacent States, and moved to lay the bill on the table, but withdrew his motion at the request of Mr. SEMMES, who had an amendment to offer, which would obviate Mr. B.'s objections. While he was preparing it, Mr. DRAYTON expressed his objections to the bill, as it was now shaped, and concluded by moving to lay the bill on the table. This question was decided, by yeas and nays, in the negative, as follows: yeas, 61--nays, 93. Mr. F. would trouble the committee with only a few words more in relation to the particular object of this bill. The gentleman [Mr. LETCHER] who advocates it with so much zeal, has told us, with his usual candor, that this is only the beginning of a design far more extensivethat this is only a portion of a great road which is to be constructed from Zanesville, in Ohio, to Florence, in Alabama. This is the body, the centre building of the great work--the wings are to be put up hereafter. And all these are objects of national importance! Sir, [said Mr. F.] it Mr. SEMMES then moved an additional section, prowould be easy to point out five hundred, yes, five thou-viding that nothing contained in the bill should apply to sand roads of the same description. slaves not residents of the District of Columbia; but that Mr. F. hoped that no gentleman would suspect him of such slaves should be punished according to the laws as having any wish to impede the progress or improvement they now exist; which amendment was agreed to. of the State of Kentucky; so far from it, he declared him- Mr. BARRINGER next moved an amendment in the self proud to witness her growing prosperity. The Union owed her a great deal, not only for her achievements in the national defence, but for the splendid talents which she contributes to our national councils. Yet, with all his respect for the State, and her patriotic sons, he could not vote for the bill now on the table. He would, however, withdraw his motion for striking out the enacting clause, and suffer the bill to be reported to the House, when a direct vote can be taken on its passage. [The committee then rose.] TUESDAY, APRIL 27, 1830. PENITENTIARY PUNISHMENT. The House then, according to the order of the day, took up the bill providing for the punishment of crimes within the District of Columbia, as it was reported by the Committee of the Whole. fourth section, the substance of which was to except slaves from penitentiary punishment for offences for which the punishment now is whipping; which amendment prevailed-69 to 61. Mr. HAYNES now renewed the motion to lay the bill on the table; but it was again negatived--yeas, 55. Mr. ALEXANDER then, intimating much repugnance to the bill as it now stood, and a desire to deliver his reasons for being averse to it, moved to postpone its further consideration to Thursday; which motion prevailed-93 to 40. [The following are the only remarks delivered on the subject in the possession of the publishers.] Mr. POWERS said, he rose for the purpose of answering some arguments which had been advanced in favor of excluding slaves from the operation of the bill when under discussion upon a former occasion, and to state some facts which he had recently obtained, and with which the House was probably unacquainted. The discussion of the details of this bill consumed the Mr. P. said, he would remark, preliminarily, that he was day's sitting, and occupied the House till near five o'clock. not one of those who believed either in the constitutional The point which gave rise to far the greater part of the power or public policy of any interference of the General debate, was that which grew out of the question whether Government with the local regulations of a State, whether slaves should be made liable to the same punishment, by they related to people of one color or another. Let each confinement in the penitentiary, for the various offences Government be kept in its proper sphere of action, and all described, as other persons. The Committee of the subjects which are strictly and legitimately of a local chaWhole House had adopted an amendment to insert the racter remain under the exclusive control of the State APRIL 27, 1830.] Penitentiary Punishment. [H. of R. authorities, as was intended by the framers of the federal does about half the business in the town. With regard to constitution, and the people of the States who adopted it. free people of color, there are some offences which are punBut these principles had no application to the District of Co- ishable before a justice of the peace, and they are but few. lumbia, which, by the eighth section of the first article of All others are punishable by a verdict of a jury and judgthe constitution, was placed under the exclusive jurisdic- ment of the court. With regard to free people of color, tion of Congress. I can state from my observation, both when I was pracThis is national ground, and that alone where the un- tising as a lawyer in the court here, and since I have checked and undivided power of the Federal Government held my present station, that the number of free persons can operate. Yet, even here, Mr. P. thought it to be of color, compared to that of slaves, charged with offences the duty of Congress to be exceedingly cautious that the before the court, cannot be in a less proportion than of tendency of its legislation should not be injurious to the ten to one, that is, ten free negroes to one slave. As to white interests of the adjoining States, except in cases where offenders, they have exceeded black offenders, including some general principle, or the paramount interests of this free and bond, in double, if not treble, the above proporDistrict, required it. In his opinion the bill embraced tion. I have been long satisfied that the lower class of such a principle, and one which ought not to be yielded, the white population is much more vicious, and more apt although he could not perceive, nor did he believe it pos- to be guilty of offences, than either the slaves or the free sible, that the bill without the amendment could produce persons of color; and that the free people of color are any injurious effects upon the interests of Maryland and more vicious, and more prone to commit offences, than Virginia, or any other slave-holding States. the slaves. With regard to the free people of color, they Indeed, as it regards this District alone, he confessed are tempted to it from the idle life they too generally lead that it was chiefly an abstract question of principle, be--they steal instead of working for their living. The slaves cause, from the facts which he would presently state, it are generally well treated, well clothed and fed, therefore would satisfactorily appear, that, as to the practical opera- have not the same motive, that of supplying their necessation of the bill, it was not very important whether the ry wants, for becoming rogues. The class of white people amendment prevailed or not; but for one he could not wil-I have mentioned, from the want of proper education and lingly adopt the principle, that slaves and free persons instruction, from the too easy acquirement of ardent spishould not be put on the same ground as to punishment rits, and too wild a notion of what real civil and political rights are, mistake licentiousness for liberty, which produces great idleness, and this ends in crime." for crimes. more. Mr. P. went on to observe that, in the former discussion upon the bill, honorable gentlemen seemed to suppose that if slaves were sentenced to the penitentiary for crimes, their numbers would be so great as to fill up the present establishment, and render it necessary immediately, and at great expense, to commence the building of How do facts sustain this argument? The truth appears to be, that there are very few slaves in this District, in proportion to free persons, who are brought be fore courts of justice for the commission of offences, and this fact was highly creditable to their masters, who exercised such salutary guardianship over the conduct and morals of their slaves, and removed from them the temptation arising from want, by providing so well for their comfort. Mr. P. said he had addressed a letter of inquiry on this subject to the Clerk of Alexandria county, (Mr. Lee,) a lawyer of high respectability, whose answer he wished the Clerk to read to the House, and which was accordingly read, as follows: Mr. P. then further stated that he had also received a letter on this subject from Mr. Hall, a lawyer of respectability and intelligence in this city, who was also a magistrate, from which he read the following extract: "I can, however, state, that, in the course of my experience as a magistrate, there have been, in the course of three years, brought before me forty-one persons charged with various crimes, of whom three only were slaves. I do indeed remember two others who were brought before me, but the charge against them, on the face of it importing no crime, I did not enter the cases upon my docket. Slaves are punishable by whipping; and, since I have been a magistrate, only one instance has occurred in which that punishment has been ordered by me.' وو In addition to this, he read the following extract of a letter from Mr. Swann, the District Attorney, who [Mr. P. remarked] was well known to many of the members of this House--"You ask what number of slaves, in propor"ALEXANDRIA, 24th April, 1830. tion to free persons, are presented for crimes in this coun"Sin: I have received your letter of the 23d instant. ty. My impression is, that the proportion is very small-Time will not adrnit of my making as particular an exam. I should think not one-twentieth. In the number of pre ination as I wish, to enable me to give a very accurate re-sentments made to a court, amounting to from sixty to ply to your inquiry. What I shall now state is from general eighty, we seldom have more than two or three cases recollection. Slaves, by the law in force in this county, against slaves. The free colored people are more nuare, for misdemeanors, punishable in a summary way by a merous; and the greater portion of cases that are presentsingle justice, out of court, by stripes, at the public whip-ed for crimes of a felonious character, are against that deping post, not exceeding thirty-nine. Therefore, such scription of people--that is, free colored people.” cases do not come before the court, or become publicly Thus it appears [said Mr. P.] that crimes in this Disknown. I have inquired of one of the magistrates who trict are principally committed by the idle and dissolute has been many years acting, and is an efficient and expe- free blacks, and a still more wretched and degraded class rienced magistrate, as to the number of slaves he has had of white people; and this must naturally be the state of occasion to have punished for misdemeanors. He states things where slavery exists, to discredit labor, and espethat he has had but one slave whipped, though there have cially where miserable free blacks and whites are found been brought before him many slaves charged with crimi- in such numbers as flock into this District in pursuit of nal offences, that is, with misdemeanors, whom he has dis- temporary employment or plunder. These facts confirmcharged. I have understood from a source on which I ed the position, that, as to the practical operation of this rely, that a justice of the peace for this county, who resides in the country, has said that during the time he has been a magistrate, which is about eighteen years, he has had only one slave whipped. A third justice has stated that, during the year 1829, he has not had before him Several gentlemen had contended that the incarceration more than ten to twelve slaves charged with any offence. of slaves in the penitentiary would be little or no punishSome of them he has discharged for want of sufficient evi- ment to them-that they are slaves of individuals now, dence, and some he has had whipped. This magistrate and would then only change masters, and become the bill, it is quite unimportant whether slaves are embraced by it or not; and also show, that the apprehensions of gentlemen, that the penitentiary would become crowded with slave criminals, are utterly groundless. |