Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-26


mighi much better have let il alone. This
clause OF The constitution, reads thus
lie migration or importation of such
persons, as any ofthe states Row existing
shall think proper 10 admit, shall not be
prohibited by Congress, prior TO The wear
1908, but tax or duty may be imposed
on such importation, not exceeding Ten
dollars. The advocates of this power
assume, that migration" means trans
Ter rom STATE 10 state, and "ptrsSns,"
means siaVes, aud that temporary pro-
hipi'lon or the existing states implies an
immediate grant as 10 residue, AID sub |
segnem grant as 10 these, and thus IIav-
in@ taken for granted, every thing that is
disputed they proceed 10 prove their
point, and. even with these assumptions.
they totally fail. Admit their premises.
a"d bow DO they arrive AT their conc!u.
sion !Srrcly n can mean nothing more
Ihan that Congress may prohibit The
transfer of slaves 10, or from Missouri
Nial has this 10 do with a proposition
" prhibii ihe existence of sIavlry i'm
stale tjlre,tiie geBlitmea al they ash
ard it's no. enougl, Tor their pufp Sse -
GIVE them the lenYfh oi their teiher. and
II Is too short. THeir own reasoning.
WIN all these admissions in their lavor.
VIII not reach their case. They must 90
inrther--iniroducett that very convemcnt
succedaneum, The power 10 make all laws
necessary and proper TO carry this power.
| mo execution, aud, as IL might be in,-
| possible 10 prohikii these transfers, with
| out ahollshing slavery, this NAV be The
necessary means To effect The end. But
| tfus, gentlemen would hesitate, before
they would proceed Il,us far. The argn
| men, might operate as Two edged sword
| Ii ne word persons may mean ,iaves, IL
may mean Tree persons; aud, if migrate
authorizes the prohibition of transfer
from STATE 10 stale, Congress might be in
yucca 10 exercise This power. And as abo-
is'iing slavery might be The necessary
means 10 accomplish. one purpose, so The
abolition OF Liberty might be quite as ne
cessary TO accomplish The other. lrnsi.
the advocates OF restriction, with all their
humanity, would scarcely relish such a
result, although fear their me assures have
strong icndencytO produce il.
bui, sir. II you have this power Al all
or TO any extent, II is a legislative power.
You can exercise II by The ordina pro
cess oi legislation. WHY proceed in Tins
ndscree,, suspicious manner. as 1hOuyh
yom were doubtful of your own powe
aud take TINS moiho.. To eXIcrt iron, Ms
sour her consent Bring in YOUR bin i'm
Tie ordinary way, ana legiSlaie If you
can and, II moi, give IL up. Abandon
t!ll' htSiiaiIng, doubling, equivor al policy.
Aro pray, sir, why, even IN ordinary Il.
81 iatlon, select Missouri for yaur object?
IL You can, by tins clause of The Consii-
'"n"n, SHUT mp slaves IN the states, lei
Your legislation be g neral, aud exercise
u upon all the sidve-hodlng states. Why
make Missouri The scape goat Bring ~,
xE,,n ~
whether YOU have Tie powcr:aud. sepond
u II be eXpcdIcui. And, 10 order TO Iry
lhe extent anu strength OF this clause. in
seri section to prohibit The transfer of
Tree persons from one state 10 another.
some might deem II expedienl 10 compel
people TO stay al homeand attend TO their
concerns. We shall then have ,Le Whole
subject properly before us.
There seemed To be some doubt as tn
the meaning OF the 9th section of The Is,
article OF the Constitution. | believe
entertained an opinion last session. which
ii'en expressed, that migration and i'm
| poriaiion related wholly TO slaves the
former 10 bringing by land, and The latter
! 10y vaicr. ! was led 10 this by the cir.
cumStance that the taxation was confined
10 Poi'aiInn-presumiug that the d!ffi =.
Gully OF taxation, III case OF bringing hy
iaud, waS the reason why migration"
wes dropPedIn the latter part Of lie clause.
| hnh"Hgn this construction is better Than
| theirs, ] am satisfied u is MOI the best
ne error consists IN using toe words
| differently from their common and
| ordinary import. FAKE the seutepc.
| as II Is, and il is plain enough" the
| migration or Importation Of such mgr
| sons as the existing states shall see
cause 10 admit, shall not be prohibited. ="
| &c. Persons means slaves, when appIi
| ed 10 importation, and free persons, v hen
| applied 10 migration. HE former irnnijps
| conslralni, and excludes volltion The LAT
| Ter implies vollilon, and excludes coiI-
| SiraIhi- Importation is bringing either by
| land or wafer migration IS a voluntary
| gong irom one jurisdiction of sovcrrio,i,
| ~ to another. i lac Convention were ttt.n
| speaking OF persons coming from abroad:
| importing oi slavcs could not be prohilited
| entirely; fax was The only restraint thai
! could iie obtained before 1909. But the
! policy OF the United States would moi al
| low lax on migration or voluntary com.
: hig. Such tax on foreigners might be
| urged, from motives o. populariiy against
| The general policy OF the nation. a righi
| 10 pIohiihi tbs introduction Of foreigners
would non be exercised except when, upon
:" H'"' 80 S"'iH"I"IIdIJ OCCASIONS, Tie
/ safety % tie nation mighi require IT,. II
was proper, then, that Congress should
| have power iU prohibit, bui not TO TAX
strangers emigTaling from abroad.-When
this clause was reported by committee
Of the Convention, The taxation exleoded
| 10 migrailonas we'll as importation. Had
| the Convention understood that this word
related only 10 transfer from one state 10
| another, would the committee have re-
, ported Tins provision, 10 direct cOntyadic.