Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-05-09


of that constitution from which derive
my power to vote for prohibition 10 Ii'e
migration of slaves into Missouri. And
if gentlemen will search that constitution
Ill, like the gentleman from Virginia.
Mr.. Randolph their eyes are worn out
in the service, they can find it no where
else. But, ask, do they find it in that
clause! No sir, it is not there--that
clause contains no delegation of power
it Is restriction upon power. Accord
ing, therefore, to this course of reason-
ing, there is no power in Congress to
prohibit this Infamous, this disgracefuI
traffic, and gentlemen have, in this case,
as well as in the admission of new states
upon condition, heretofore been exer.
cising an usurped authority. Sir, such
is not the fact, nor will gentlemen con-
sent to such reasoning No sir, we have
the power to prohibit the importation Of
slaves, and that very clause gives us the
pDwer--and it gives it to US by constru-
ing it, as have once said, as negative
pregnant negatiying the power of Con-
gress to prohibit such importation until
1903, and after that period affirming that
power. Sir, it is by this course Of
reasoning and this only that we can ar
rive at any power to act upon this sub
ject. We therefore, Mr.. Chairman,
have power in both cases, or we have it
in neither.
l think, Mr.. Chairman, have now
shewn that if Congress has the right TO
prohibit the importation of slaves into the
United States, that it has the power to
prohibit their migration into the pro-
posed state of Missouri. And | trust,
sir, when | come to treat of that pro-
vision Of the constitution which authori-
zes the admission of new states into the
Onion, Shall be able TO satisfy the COM
mittee that it was the intention of it's
trainers to leave this very subject open
to the future decision and legislation Of
the nation. But, before ask the atten-
ton OF the committee to that part of the
subject, | will beg leave to offer few
remarks in relation to the practical ex~
position of the power of Congress to adj
nit states into the Union upon condi-
tons.
Congress, at its first session after the
adoption of the present constitution,
passed law declaratory of the validity
of the ordinance of '87, in which it was
provided that in the states to be formed
theretrom slavery should NOT eTiss.
This law was approved by the illusrious
Washington, who had just before wit
messed the deliberations of the conven.
ton, on that interesting and important
subject Of slavery, and, had all those adj
verse feelings and jarring interests, which
attended that discussion in the conven-
ton, fresh in his recollection--for he was
President of the convention.
Sir, every President, ] believe, who
has been in Office since the time Of
Washington down to the present day,
has approved some act admitting new
state into the Union: and none has been
admitted, since that period, which has
not had some condition prescribed as
the terms of its admission. Even the
present chief magistrate, Mr.. Monroe,
has recognized this doctrine in the adj
mission both of Alabama and Illinois,
and he has recognized this very Identical
restriction or condition in relation to the
latter. Yet gentlemen tell us, it is all a
bawl faced usurpation of power which
Congress has been thus exercising, and
which all the Presidents have been sane.
tioning.
Sir, will not castthat reflection upon
those illustrious personages who have
administered this government, nor upon
those gentlemen who have preceded US
in this body, which SO bold an accusation
implies. That such system of usurpa-
ton should continue in practice without
interruption for thirty years-sanctioned
by almost every successive Congress in
some shape or other, by Washington,
Adams, Jefferson, Madison, and even
the present chief magistrate Mr.. Mon.
roe, is to my mind position which
would only be taken in desperate
cause, in support OF a desperate measure
Sir, construction thus acquiesced in,
becomes something like principle Of
the government not now to be shakens
and particularly by those who have here
tofore acquiesced in it and given it theis
sanction.
But, for the sake of arguments, admit
that the ordinance was unconstitutional
at the time of its adoption in conse-
quence of the want of power in the old
Congress to agree to the admission OF
new states without consent of nine states,
which gentlemen say was not the CASE
does not the present constitution giva
that power to a majority of both Houses