Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-05


pendent States, formed fer The purposes,
of general defence, of establishing Justice,
and of securing the blessings Of liberty TO
themselves aud thar posterity, ever coniem-
plated the acquisition of territory, for the
purpose of establishing and perpeiuafing
ior others and their posterity, that colo
NAL bondage against which. they them
selves, had so lately revolted. The pro-
vision for The admission of new states ii>
10 the Unioa is IA clear indication OF The
destiny, Intended for the acquired terrific
RES. II being foreseen however, that
circumstances might occur 10 controul
This destination, or thatexper.ence might
nrove n unsafe or uuwise, discretion
was given l., refuse or admit new states
there being embracc,i, III the power 10
dispose Oi Ibe territory, The means ot Gu
;illing them ro the blessings OF indepcn-
deuce. i'be territories u! The u. States,
are righ,iuily held in pupilagr, as long AS
il,ei: infancy units them Tor self govern
meni. o. aamisSlOn into The Union but
uyusrly detained III bondage, Whenever
their maturity arrives. Al that period,
they have right TO demand admiitance,
into The 20 l,,.cal family as equals. or The
enjoyment of liberty, as independent
states.-Power may en,lavr them longer,
bul the laws OF nature and of ia lice, the
genius OF our political Institutions, and
our own example, proclaim their title 10
break their bonds, AMI assert their free
dom.
But again, if Congress have The right
10 continue The territorial government al
pleasure, how can il he thence inferred,
thai II has right 10 govern, or in every
manner To disparage, the State, when
admitted into the Uuion The moment
slie ie, RI. orIal government ceases, that mo-
ment the authority, p riainiDg 10 il, ceas-
es. As soOu as u becomes State, lis
rig Is and dunes must be governed, by
thu provisions OF The Constitution in re-
lalion 10 States The whole error in the
inference, drawn from This power, results
from considering Congress, aud The ter,
Tory, az The only parties 10 the question;
throwing uu; OF the view the Constitu-
lion, and all the parties thereto.
Ii has been seen with some surprise.
tina, The power 10 impose The condition
i'm question, has been mierre,i-lrom the
power Of Congress 10 prevent the migra-
ton and importation of persons from
their power 20 regulate commerce among
the several states, aud from their power
20 annex conditions To the grant OF land.
The clause OF the constitution respect
ing the migration and importation Of
persons, has been quoted, in part, and
manliestly gives no power. IL simply
resirains, for limited time, aud i'm rela
ton 10 the eTlSttng states, tie exercise Of
apower, couierrcu-if conterret at all
by some other part of the constitution.
Bul this power is no where expressly
delegated. so FAR as it is possessed, i, is
Inferred from some other power, tina, is
delegated, and therefore cannot itself be
the source from which another power is
inferred. To deduce one Incidental
power from another, is an extravaganza
OF deduction, the correctness Of which, IL
IS beuevrd, has nevsr yet been avowed.
The power TO regulate commerce "a
mong the several states, surely Cannot
embrace the right 10 prevent The rearing
OF Slaves IN any State, or the removal
OF them thiiher, by their owners. not for
The purposes OF commerce, but for the
purposes of agriculture. The only part
OF this subject then, on which the power
10 regulate commerce among The States
could possibly operate, even under the in
admissible construction given 10 these
words In The constitution, would be The
sale OF them by The inhabitants of one
Stale, TO the inhabitants of another, and
that traffic, which is sometimes carried
on, between different States, by babijual
Slave traders. But il cannot be conceded
that The power given 10 Congress TO regu-
jalc commerce among the several states
"a power Intended 10 prevent the pro-
ducts and merchandise Of one state. from
being subjected TO injurious and vexa-
iious burdens III aDo;her,-can be fairly
construed, 10 authorize total inhibition
OF the sale OF such products and merchan
Due, within the limits oi "A state TO which
they did not belong. II Congress, under
ms power OF regulation, has right TO
prohibit, has II not also, the right TO an
thcrise, me sale OF slaves, within stale,
against lis Wlshest Has II not the same
lawful power, TO aulhorSe The sale of
slaves, IN the state of Massachusetts.
against the laws OF thai state, as il has TO
inirrticl their sale in Virginia, against the
laws of Vnginial
The power Of granting land, il has been
said, may be employed, 10 effect All lnhi-
bilion OF slavery III state, by annexing
TO grants, condition, that the lands
shall ns be cultivated by slaves. To say
notbno OF the poverty of This expedient,
10 fleet the object in Missouri, lis le.
giflnacy may be fairly questioned. The
question ~ not, as 10 the validity Of such
condition, during the period of terri
iorIal government, when Congress claim
The exclusive sovereignty a. well as the
soil; but the question is, whether, after
Congress shall have parted with that
claim 10 exclusive sovereignty, by The adj
mission OF the stale into The Union. such
condition would be valid. Whether an
individual could annex such condition
TO "a grant, Is question that must be an
swered from the municipal code govern
ing The country, in which The land lies
aud IT cannot be denied, that this code
must be formed by the state authority,
Sunnnea fha, fl,.f l.. ii