REMARKS IN THE SENATE, ON A RESOLUTION FOR THE DISCHARGE OF FUGITIVE
SLAVES FROM THE WASHINGTON JAIL, DECEMBER 4, 1861.
December 4th, Mr. Wilson introduced a joint resolution for
the release of certain persons confined in the county jail
for the County of Washington in the District of Columbia,
which was read a first and second time. A debate ensued, in
which the jail and the judiciary of the District were severely
handled. Mr. Hale hoped that Mr. Wilson, who had introduced the
resolution, would “pursue his inquiries further, and find out
where the cause of all this evil is, and apply the remedy.” Mr.
Fessenden, after calling attention to the administration of
justice in the District and hoping for an inquiry, concluded:
“It is well, perhaps, that we should begin here; it is a
tangible point; but I hope it will be followed up to any extent
that may be necessary in order to accomplish the purpose.” Mr.
Sumner at once took advantage of the debate, and turned it
against Slavery and the Black Code.
MR. PRESIDENT,--The Senator from Maine [Mr. Fessenden] has pointed
to abuses of the judiciary in this District, and he insists that at
last we shall have decent men on the bench. But that is not going
far enough, Sir. Something more is needed. We must have decent laws.
A Black Code still prevails in this District, imported from the old
legislation of Maryland, which is a shame to the civilization of our
age. If any one wishes to know why such abuses exist in prisons and in
courts as have been so eloquently portrayed, I refer him to that Black
Code. There you will find apology for every outrage. If, therefore,
Senators are really in earnest, if they are determined that the
national capital shall be purified, that the administration of justice
here shall be worthy of a civilized community, they must expunge that
Black Code from the statute-book: but to do this is to expunge Slavery
itself; and here we are brought precisely to the point.
Senators mistake, if they treat this question merely on the outside.
They must penetrate its interior. Why is that prison so offensive as I
know it to be?--for it has been my fortune to visit it repeatedly. It
is on account of Slavery, with the Black Code, which is its offspring.
Why is justice so offensively administered in this District? It is on
account of those brutal sentiments generated by Slavery, and manifested
in the Black Code, which the courts here but enforce.
I listened with gratitude to my distinguished friend from New Hampshire
[Mr. HALE], when he reviewed this subject, and announced that he would
soon bring in a bill to remove the evil. He did not tell us what the
bill would be; but the Senator is apt to be thorough. I doubt not that
he understands the case; but I am sure, that, to meet it, he must deal
directly with Slavery, the fountain and origin of all the noisome
inhumanity exposed before us to-day.
This was the first open word against Slavery in the District
since the breaking out of the Rebellion.
The resolution of Mr. Wilson was referred to the Committee
on the District of Columbia. He followed at once by another
resolution, which was referred to the same committee, where,
among other things, the committee was “instructed to consider
the expediency of abolishing Slavery in the District, with
compensation to the loyal holders of slaves.”
December 16th, Mr. Wilson introduced a bill “for the release
of certain persons held to service or labor in the District
of Columbia,” which was afterwards referred to the Committee
on the District, who reported it with amendments February 14,
1862. The further part Mr. Sumner took on this question will
appear hereafter.