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n n 5. J i f " ; ' rr : 1 - . : . - - ,,-- .. . M 'IN',' , ... iii . 17 1 1" tnWr v "rv - : r i;ff ''iifa nttVlST' 4 -to' ine butnan race; and has condemned nt 53 per annum-half payable in adTance, , grajnV thou,ilOTr , stands forth t the mmSimimmimm. LL-L ' 1 'ESa"") champion of freedom, f There would be Tweutieth CoiiyeSS. ' ; j feach mpretfc in her, charity, as is , ' - ,- ... :,: uniTCP OF REFKE3LM A 1 1 V LO, -Jan: 22, 182& The House having1 again resumed the bill for the relief of Marigny D'AuterWe, and.. ' , -. ' ". -i V:";;1 -.'-,.' ; "'; Th question beinfr on the amendment proposed by Mr-GURLEY, Mr. BRYAN, of North:Carolifia, rose, in reply to Mr; Martindalp, and said 5 Coming a J do, trom-a State, -jnoch of th wealth, of. whose citizens consists of the kind of ptoperty, the nature and ei-j lent of which is now under the considera tion ofthe House, 1 should feel myself negligent, if not culpable, were I toper mit the question to be taken without en deavoring to vindicate and establish what I deem to be the rights of my constituents rights which cannot be impugned with out a violation of the rights of the States,, and the sacred injunctions of our Federal Constitution. 7 v. .t J i?:-' j From a'verv early period of the histo fy of America, we find the rights of prof perty recognised' and Used Qyer these per sonsnay; sir, from the earliest records, both sacred and profane, we find a state of slavery established ;and. sanctioned. By the usages or ancient warfare; : the vanquished iti battle became the slaves of ' the victors, .and their right even of put-, ting them to death, was admitted, and Coo often practised.- .The institution of slavery may even be said to have mitiga ted tlie horrors oi war. anu oy arraying the avarice of the conqueror against the appetite of revenge, to have often staid the citizens : for this duty ofthe Govern- of the Kevolution,the rntisn eniistea j neignoors staves 10 assist mm in tne exe ihe fatal blowJ We find, sir, in confir- ment is the correlative of its right to the Slaves as troops and that the period, I ; cutioj of process? Can he go upon mation of this Position, that, araorie the allegiance of its citizens and is most em- have ; roeutini.ed, Vas one of . great 1 plantation where the owner's negroes are' KrUn. nf thU eoiintrv. nhre the J RMrtice of enslaving their cantives did f nnt nrfitrail that thev were very eearmllj f put to death, by tbrinost cruel tortures, fiut- Mr. Speaker. I will not detain the House with an idle display "tofi research ercise its right; of eminent domain by ira into ages that have long gone by, but will pressing private propefty for public use, confine myself more strictly to the itate ; upon the admitted ? principleilhat Kparji of slavery, as existing among us. y Its origin mav be imputed to the ciditv ofthe mother country, who, look- ; . . f .... . . Sng upon her colonies, more as the means of enriching herself, than ofrcontributing to the happiness of mankind, introduced those persons into her colonies, as an'ari ' tide of tra flic It was urged as an argu-- ment in justification ' of the measure, that be taken for pub.'ic use without just coin- it was an act of humanity to these unfbr- j pensation; ( 7 ' " - : tunate beings, as they, had. been : taken ! But, say gentlemen opposed to this captive by' more powerful tribes, in their claim, slaves are hot to be regarded alto vOn land, and that ' their conquerors gether as other property in this case the r would put them "to death; unless they slave is to b regarded as a person and cbold be soldi and thus more advanta the owner is no more entitled , to be com geously disposed ofv J have no doubt, jpensated for his Injury, and consequential XVfr. Speaker, that this argument was welU Joss of service, than would a Northern founded in ; numerous instances. We .master be for the; loss of the service of his learn from the authentic, narratives of apprentice under, simitar circumstances. early travellers, that those native tribes of Africa were highly savage and feroci- ' ous, delighting in blood they still are , atw arid I do not hesitate to avow, as mV firrii belief; that the negro slaves Of the tweeri the two cases! Sir, to my mind, Jor Ae prcr 4T7r--ecret Journal, State I have the honor in part to repre- and f think to the mind of any reasonable page 1078. . I do not know, Sir, whe aent. are much; more happy more bles- i man. the distinction is most obvious; The tber hrectmimendation of , Congress was m-A in1lrtnl and natural advanta. ges more1 amply furnished with all that inakes this life happy and more espe cially, sir, (and this should '.go very far ' towards reconciling their real friends to: their situation) infinitely better provided - With the means of Christian instruction and education, than the descendants of their A frican 'progenitors who have ' re- ; Biained ia the land of their fathers. But, sift be their situation what it may, our country, the United States, are innocent partakers with them, of the disadvantages of their condition. '-'--:'A ' It is matter, sir, of historical fact, that the Colonial i Legislatures passed acts to prevent the iniquitous trarBc which bro't them to our short; During bur Colonial - dependence, these acts had not the force 01 laws till sanctioned England that sanction asmuch as it wopld dec "that Great Britain ;alQrfactually insisted bim that power,;; because that would be upon b!-ing permitted to supplyjheSp conferring upon him one of the' most im-j Dish Colonies. with slaves, and that this portant social rights of freemen ;The A right :was guarantied to her by' the so-r gentleman from, rNew.Ybrk; has farther-j" Jemnities bf treaty stipui ras the conduct, on the other Itand ; of as a person in throwing up entrenchments, this country, as soon as she was emanci-wbicbi wai military duty--and so, . Sir, pated from British dominion ? V Among ;was the horse; employed in tramsporting . eQr.firsf.aptS IVfit those prohibit furttief introduction of stayes ; and the .. duty as throwing Jt up 5 and this, accorf Federal Constitution itself, that, Impet- ding to the . argument of. the , honorabfe ishable monumeov of human tsdom, con,- gentleman, .would make the horse a mili tains an yrUle ea abolish his rodious Ira Sc. J fhis pOerlUtmentlf .;r- ;:r ihSru-;' " has been lioerally'exeicised, and America- f Tbe hbnoraiiiei-centlem: Wopgly-'. e.iiiiui 11 ami. - ltu wc uut kiiuw . bii . - nas earnestly engagea in ine oooe cpvt test W" extirpating those wretches, who. can quaff with 'exultation the ters of hy- encMped in it fol hi niratps -thi rnfmips ' uiorc innii lMSJiiuaicu. ojr one 01 ner iuusi emineiu junsis, i uoru oioweii, i she bore the expense also of being charitable. It has always been, Mr. Speaker, an easy matter to raise a hueLahd cry about chari ties of various kinds, but there is a sad falling off in the number of the ?houlers when they have tP pay for it. f Having thus briefly endeavored to dis-' pose of the general subject, and to wipe oifFfro'm the American escutcheon the un- just stigma jbf originating or perpetuating this state of society; I shall advert to the case immediately before os. ' ; rhe report of the Committee states, that the stave, ho-sey : and cart, of I his man (Marigny D'Auterive) were impres sed, by the Commander of the American forces, to aid in throwing op breastworks fnr thi ktpfVnrA nf Nw Orfpan. nnd that the necessity was so urgent as to justify the act : that the slave lost an arm and an eye from'the fire ofthe enemy and whilst engaged in the service of the United States. Thev report a bill making com- for the damage done to his slave done fti the mariner and to the extent I have . .'' . ' - f t The Genera? Government is invested by the. Constitution with the power of making war this isa high and mighty. kzbeereign power. V & its exercise they have a ,'. right to employ the intellectual and physical resources of the country, to the extent necessarv for the defence and protection of the persons and property of nhatiea'lv th rrt nh'et at all Govern- mens i Jit rercise ofihis power and ifutyl irhas been the universal practice, upon emergencies similar to that stated 1 111 iuc rrpuri, lur - iiitr uuvcriuiiriu iu a may be sacrificed for the preservation of the whole, which is the same principle,. 5ir, that justifies the throwing goods over- board from a ship, for the preservation of the lives of the crew. The Constitution of the United States sanctions this princi- pje if indeed it needed any sanction, by providing that private property snail not And the honorable gentleman from New York , f Mr. Martindale,") who has just taken . hi ( hi. .tfipH nnl SmitheiTi v gentleman to point out a distinction be- annrpntir U a freeman a citiZfii he owes allegiance' to the .Government is a member of the body politic, and, as uch, the Government is bound to protect him. These propositions are not true ofthe sllave v The apprentice is simply bound, by contract, to serve his master ; the law enables him, or others in his behalf, to enter into this contract of service ; but lie is still liable, in almost all the Slates, to pensation for the horse and cart, and the argument, woultl only shake tne lounoa eriiueq 10 nis own lueas, pecause mey courts 'yciep'd courts ol Justice ; whet fime of the slave ; but it is contended that tion upon which this right, is based ? by are often used, as the.means of "acquiringi they are engaged in ascertaining,, not the master is not entitled to remuneration attempting to fortify it : I will only refer, . property ; and intellect, the noblest and whether a suitor has suffered injustice do military duty' before the age of twenty-;; that consent, that;; th,e-owners were to one years. The sovereign has a light to receiveti4 compensation for the property his services, on account of his being a ci- j thus evinciig the caution arid the jus. tizen ; and, as. was . well pbseryed by my I tice of the ' . Congrrss of that day, and honorable friend; . deciding, as I. contend, Sir, the very (Mr. Everett) the act of Congress ren- '.principle of compensation , now before ders him competent to make the contract' the House. It is indeed a much stronger oiv enlistment simplv,;by rem the case than the one .now.under considera- disability of , infancy. r4u, air, a slave ; auu tins uuiciiiujgiii vaww -1-' v- . - - contends that, slaves are because th btarber j cannot i ses w.UIjl them... He caori ' oy tne; rving or . nas far greater oisaoiiiiies inan mwsp oi tuuu ,M;5 uaijuie-, siaves wouie, was i refused, in. infancy or apprenticed un.. in that case, have beep employed as per irive his subjects Id r. a total want of Rapacity to contract sons. J. : t L ;A , i J : says bef to his Jifff ; and this 13 utgt-d.as; a , triiiM'phant dUt'iTion bnuten him j mere creature orjju.e otkneirswillKtn tio'gislation of this gov't, it ivj appear no less a$ he "pleases with itVl ASirThis drgu clearly f that; they aire . iregardedas; mere merit is really almost lodicrous, and Jbeff property ; they are, as sucli, subjected to Brave ; deliberative ; assembly. . jLet as pursue it, Sir, to some of. its consequea- ces, . Uoes the, gentleman ; need to De told, that, in EngliandySrjid of the American Union, excessive cruelty to animals; to horses tot instance, is pun ishable bf : indictmenl ; at onwcinlLa w ? I suppose, according to-the honorable gentleman's ' doctrine: because the la w there would restrain the owner irom cut- I ling- hi horse'sjroat in the, street out oT sheer ' malignity, therefore, he culd have' no property; in him. -iTlis is the legitimate - deduction from : his premises. Property, Sir, as. hasben said bv. the honorable gentleman from Virginia. (Mr. KANOOLPff ) is the creature of the law ;; .whether of the natural or social law, is not f material here to he asreriaintd its en- ! joy men t therefore may be, modified by 1 law. I will not do mv constituents, Mr. ! Speaker, the injustice to urge, as an ab - h stract question, whether slaves are pre- ' perty powers far superior tomine in Sir. as matter of history, to several mi-: nent instances in ibich it has been clear- ' l rdoAffninl K; I. aA oiithiiritv other day sir, in looking over the, secret l.dered as military persons, so, Mr.Spea Journal 01 Domestic, A ffHirs,f the Con- ker, have they never been considered a tinental Consrss, I discovered a report,;, civil persons, if I may use the phrase and resolutions accompanying it, which I will ask any gentleman from ! SoutlH seem to 'me la be perfectly conclusive . ern State, if he has ever known them; upon t this question. - The' report . was: called out ,fo assist the civil authority, as made on the 29th March. 1779. It will ; be recollected, 5ir, that, during the war gloom and despondency in the South ; and then, If ever as the enemy wei eh- listing the.slaves of the Southren planter, the '.Continental i (-ongress ( might ..have : found strong arguments; for, combating him with the same spt cies ot forcefT-es pecially, as, by refraining from doing $0, ; the sla es werenbt rniy lost to the own . er, but were added to the military ,. lorce of the enemy. The proceedings of Con gres on this occasion, display that com bination - of wisdom and ' prudence, : for which 'hat body was-so; justly repowned. The report states that the delegation: of South Carolina, pn Congress, had repre- $en fed j he distressed state bf the coun try , the desertion of their negroes to 'he ene my, and that those who .still remained; were exposed to their artifices and temp tations; that, if they Were finbodied, this desertion might bef prevented, and, they might be rendered formidable to the ene &c. VW hereupon, " Resolved, T"at be; recommended to: the States of "it f South. Carolina and Georgia, 'if; they "rShall think the samt eocpedienzt; to take measures." for raising a.lorce o' this dts crsption. By another, resolution,-. it was declared that ( Congress w:ll make. pro- " vision for -paving the proprietors of 'vsuch negroes,; &c. a Jull compensation adopted. 1 presume , not. ; It is nOt at all material to the ; purpose for which I have quoted the Journal, to ascertain that fact. . The report and resolutions show conclusively the sense of the Continental Congress that the slaves, even with" the example of, the enemy justifying, I 'might say enforcing it, were. not., to be employed without the consent of the lo cal authorities and ' if emploved ; with j . m,. . y v i ' ' tion ; tor , it mignt oe contended, with "Sir, we find in the Britijh Treaty of X783; which , closed -the-warjof independence, provision is made byihe 7th art; against the d-strnctionor catrying away of any negrogr cmofioberfyt'6f(tbe Ame t4t rican inhabitants. jp the secret det t bates of. the conventionof : 1787:, which framed the' present Coristitutpn j.of the adrhjtted'to be pr?perty,'.and objections were made, on that, precise, groond, io v their being enumerated ia the population Southern States, and estimated in ral' representation at three-fifths of vtheir. actual number: :a distinguished uisuMig nirsr Historical illustrations. not;, property, i memper oi tne convention irora oiassa j cieiy ; anu, sir,. do as hepleachusetts coptendinp, that rthe, cattle of i (Sot by clamor, and intemp ii;.:. i-OM-f,.!,. k. a.- l'...;tA aitb'bv PooQ deeds by being eh .sail GP use nr ciigiaiia uiisiil wc jcwk"" -yi r;" y p 1 ' . . - ri&h iifit v Drbpfisty. ia the CcatcnUon ' Uicir owa itxtj De of Massachusetts which : addopted 'the ffed th Constitution, the same objecTion was r alsovf of trar valuation are provided for and they are sold as property under the laws and judi - -iai . c uiiiicu kJiaica When a burden is to be borne bv the property of the citizens, gentlemen at e mm.. Hi;' A . y J J willin? to consider them A as vrtmertv : when they are to be paid fir,: having own seized and injured In; the ;' public service,-; then it is most convenient to call jvTrh6oraMteii York is entitled, to credit for having dis covered " a new thih,,, when he con- tenos tnai staves are not property, oe- cause their owners are ' only entitled to; 1 their services ; Or, in tnat mey are to oe regarded as I , " means of acquiring property, and not ot I 1 as property.;7 I would be ! Sir, in" what consists the kind of properly, if it is vaiuei of any not in being . the means of acquiring property ; that, oir,. is 11s ereai ana mosi Jl this argument be true, ordinary use. a man is not most peculiar kind ot property, must n longer be regarded by its possessor as hi own. As slaves havi npvpr rwpri cnnsi a part ot me posse comitatusf Has 9 Sheriff ever been known to summon hi at work, and command them r to attend1 arid aid h?m in his official duty? No, Sir, this is too, monstrous tbbe thought of;; anil yet the argument pf the j honorable gentleman, iff followed, leads inevitably to in is conclusion. . : 1 am happy Sir, to be able to say, that the honorable gen tleman from New York is the only mem-: ber of Vh is fi oaseSvho ha i coiifended that slaves are not property. I dp not believ that lie can find a second on this -floor and I, with cheerful ness, :. add my testi mony to that of the honofable gentleman from! South Carolina, (Mr. MDuffibJ .andlthe honorable gentleman trbm Vir ginia, (Mr. Archeb) inj- lavor ot the j ust and libei a) views ; of our ) Northe ri brethren. .Their sentiments, so frankly avowed in this debate,' must have a powerful tendency to repress an impro per emotions in the bosoms ;of those' wh0 are; afflicted with this kind of property j and to quell any spirit of insubordination: in the slaves themselves.; ;ov.V'-'.;-'.n:j-'' .When this .debate oi iginaied,rMr' Speaker,5 I confess V felt much regret, believing that it would create much unne "cessary excitement and waste of time. " I have endeavored to discuss the question,J bir, with calmness.. J ant, sir, no ad vocate. of slavery in the abstract, r 1 agree entirelv with my honorable friend from South Carolina, (Mr.- Drayton) that it is a great evn , anu l oeueve, too, oir9i that the owner is father more to be pitiedi than the slave. I must do my constituents" the that ustice, and it is mere justice, to say their slaves are treated with a degree of mildness, and attention (to their wants, mueb mbre indicative of good and gener- ous feeling than of a desire to make the mbst of their property. The lave Sir; is generallyhappler' than, the master; while his owner is spinning his brains" for the support of his family, ' or torturing his ; ingenuity; and' tossing bis aching head upon his pillow to; provide " ways and means" for the payment of his debts, or perlormance 01 dis contracts, me slaves, released, from " all j these cares, 'well fed, well 'clothed, and performing moderate labor, : " enjoys that" tranquility of mind, and health 0 body, which form every important items in the sum of hu man happiness. . . ' If the Southern States are to be purified from this moral pestilence it will not, it cannot be Vy fulminating edicts, or mawkish , harangues,, agairis their Tight of property. ; Passion i and enthusiasm have rarely given good ' counsel There are many intelligent and patriotic citizens of the South, who would; be willing to adopt a system for the cure of this mala dy, provided wholesome medicine; suited to the Constiftit ion? be used. The con sent of. the owner, arid the; emigration of the freed man, snould be, and must be, indispensable in ' any 'system. ' Sir, se veral of my constituents have shown the most earnest and sincere zeal - in promo ting the objects of the Colonization So bow have they shown it f erance; but arttable at ecittDcipa eir slaves, and provided the means J faith. I have been anticipated, Air; T Sppalcer fn several arpumenis which had occurred to me, and which I should hve ( eff orts to obtain the floor. Thev have 1 been presented,- sir, by honorable pen j iiriaru. aiucil Uiuic, luibiuil auu . tiny quentiy than my lips couia nave uttertdj them. ,1 I know too well, I trust, sir, hor much i due from ine to the , courtesy of the House, to wear it with an elaborate argument upon a subject .which' has al reaj)y been so much canvassed. ; I had declined troubling the House with any remarks of mine, opon this question, - hut A was called up by the hovel apd " extranr. dinary j doctrines of . , the gentleman from ' ; York, which, ; as a n mnu represeniauvc 01 my const his own language,vtuerits, I could not permit to pass with out protest, and an attempt to refute them. As to the other question j whirrt n-nas urcii raisru in iiii case, wneiner me : .1 - 1 .f ( damage done to the slave, was direct " or consequential,- , I really do consider that ;.to oe a mere. law. quibble; : and am; re 1 minded by it, sir, of the learned and as-, i tute shibboleth, so ravelv uiterrd in from his neighbor, but whether he should have brought an action of trespass or cnse I rejoice, sir, that here, at least, we can tdo substantial justice. :. D'Auteriv'e'g property has been forcibly taken for pub lie use it has been injured in the public service. Reason. Justice; and the'ConW stttution, : unite in saying, i that private property shall not be ltaken J for publicj use, without just condensation.'.' j They; all say pay him what is just and so L hope we shall say. 1 feel no difficulty;. about my vote, sir. I have arrived at my conclusion without passion, and I shall adhere to it with quite as much " firmness and inflexibility as if j 1 bad inl voked the furies of discord and disunion or endeavored to array before this House the distorted spectres of fancy i ,1 , ? " I am' admonished, Mr. Speaker, by the lateness of the hour, that I have suf-l ficiently . irripfisod upon- the -patience or thej Houser I; conciudeifp slr,A by ex-j pressing my lively graijtude for the af tention which the Housf has been pleased to oestow upon my remarks, (undeser ving as they have been.) , I ; When Mr. Bryan bad concluded, the nouse aajuurned j US W GOODS. J OHNj L. DUKAM), has just re ceived a new and elegant assortment ol RKADY MADE.CLOATHING.- ',' .. V;- : ' Also;: ' ; ;; : Gentlemen's fine. Beaver Hatt, V" Imitation do.'do. ; !' Gentlemen's fine Shoes, do. ' ;A: Pomps, V ' '.' ' I', j " v '. Ladies' Moroccb .Shoes, : V ' ; do. ... !;.-Boots, ;-,.K. .';.... ; 1 '; together with a large assortment of coarse Shoes, all of which will Re sold very low for cash. '; ':-.-'i;;';i- '' Feb. 2i 1828 '14 '20. t2 UMK I IM K in . Aueust. : 1 825. a iudgment, dted the Februarv ore 7 ceding, Air the sum bf thirteen dollars and ' forty-two cents', pavable tb Daniel Shack. 'elfbrd and transferred by him tb J ,hn Srfead,j against Silas TS: Stevenson.; All persbns art; cautioned from trading for said judgment, as payment :: will only bo made to the subscriber to; whom it , wax passed by Mr. iSnead: ", ' ,i ANDRE Craven Csi Jan; 18281? '15;' sxsr.3. ,:i s An additional siqpply of :' ; ' . ...... f iv. " :-. .; . r Just received, from the proprietor, and for saiey by the doken or single Box, at the Book Store of ';"i ''' f THOMAS WATSONS ; December 15.- Noitkl Carolina Apple Br t if H E subscri ber offers ' for sa le v 10 1( bis. Gates County APPLE BRAN DY : Also; 100; hoshefs- Mattamuskeet O T5 v and ; 33f5 , gallons TIN OIL STAN DS.'-i"; r '' Wf- ? :Z ;SKy-: ;3!NewDerb?Jabl;m , IN assbrrment bfv fresh 1 GARDEN SEEDS, just deceived ; and lot ale b. ; V1LLI A M SANDERS, i ',;
Newbern Sentinel (New Bern, N.C.)
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Feb. 10, 1828, edition 1
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