The Portland gazette., 1820-02-29

else why was itso carefully inserted |?
But even this prohibition was 10 extend
no further than to the states then exist
INC much less can i. he considered as
having reference to- states beyond the
Mississippi, in a country which, it was
not then contemplated, would ever be
ours.
There seems to be nothing equiyocal
in the meaning of tho term "importa- /"
tion." To the honor of the u. States,
Congress, as soon their authority COM
menced. proceeded to enact laws to pre-
vent this Importation. But, it is urged,
that the word migration" is either sy-
nonymous with importstion,' or else
that it was used by the trainers of the
Constitution TO mean the Introduction of
slaves, by land, from the territories be-
longing to foreign power. Without at
tempting to be over-critical, consider
the term " migration to signify remo-
val from place to place but it is not
readily perceived by what authority
such removal must necessarily be from
a place in foreign territory to place
in the United States. In the connection
in which il stands, it seems to indicate
IA removal from one state to another /;
because mention is made Of tic consent
of the state to which such migration is in-
tended. Another reason for this con-
struction, is derived from this consider
alton, viz. that the word " importation"
is appropriate to an introduction by land
as well as by water this will appear ev-
ident, by recurrence to several acts OF
Congress passed during the continuance
of our restrictive system, prohibiting
importation of English merchandise. II
would seem, therefore, that Congress are
at liberty to prevent the migration Of
slaves, by virtue of the two clauses Of
the Constitution before rccited, into Mis-
souri,, whether as a territory or state.
To shew that this conclusion is not
drawn without authority, ] beg leave TO
refer the Senate to the act Of Congress
establishing a government for the Or
leans territory. passed soon after the ccs-
sion of Louisiana. In this act we have
la legislative construction Of the word
I" migration," in that clause of the act
which prohibits the introduction OF any
slaves into the territory, from any place
in the United States, except by citizen
removing into the territory for actual
settlement, and being, at the time Of such
removal, the bona fidc owner of such
slaves" Here in certain circumstances,
emigration" is expressly forbidden. And
until very lately, the power of Congress
to pass such law, has not been question:
cd. Still, sir, ] place less reliance on
the foregoing construction, than on some
other provisions of the Constitution,
which shall presently examine.
1t is contcnded, that the friends of the
proposed restriction, are urging a meas
ure novel in its nature, and in hostility to
the spirit of the Constitution : the tenden-
cy of which isto prejudice existing rights
and disturb that system of powers and
privileges which was arranged by the
trainers of the Constitution, by mutual
concession. In reply to this, let it be
observed, that the proposed amendment
avoids this objection, by only prohibit
ing the further introduction of slavery
into Missouri leaving those slaves who
are already there, undisturbed, and not
attempting to invade property or endan-
ger vested rights. But further. let it
never be forgotten, that the Constitution
ofthc United States was formed by the
thirteen states, then existing, for the ben
eft of those states, and those which
might afterwards be admitted into the
Union, and composed of portions of the
territory then belonging to the United
States. On this basis, and with these
views, all those arrangements were made
in regard to the federation Of slavery
The principle of representation, as foun.
ded on slave population, and the equal
right of state representation in the Senate
there is no question that all these ar
rangements were made under the inilu-
ence ofa pacific and conciliating dispo-
sition.
trust, and believe, sir, that no man in
the Union wishes to violate the sacred
-cs ILL., NTH