Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-12-26

The Committee to whom has beenre-
ferred the Constitution of the State OF
Missouri respectfully report =
That they have not supposed them
selves bound to inquire whether the pro-
visions of the constitution referred to-
them be wise or liberal. The grave
and difficult question. as to the restraints
which should be imposed upon the pow
er of Missouri to form constitution for
itself, was decided by the act of the last
session; and the committee have had
only to examine whether the provisions
ofthat act have been complied with. In
/ the opinion of the committee, they have
been. The propositions, too, which
were offered in the same act to the tree
acceptance or rejection of the people OF
Missouri, have all been accepted by
them. But there remains question TOO
important to be overlooked.
We know that cases must often arise
in which there may be doubt whether
the laws or constitution of state do not
transcend the line (som ctimes the OBJ
scure line) which separates the powers
of the different governments OF our COM
pick system. 1t appears to the com
mittee, that, in general, it must be I'M
wise in Congress to anticipate judicial
decision by the exposition of an equiyo-
cal phrase, and that it would be yet more
Objectionable, by deciding on the powers
Of a state Just emerged from territorial
dependence, thatit should give the weight
ofits authority to an opinion which might
condemn the laws and constitutions OF
old as we'll as sovereign states. The
committee are not unaware that part
of the twenty sixth section oil the third
article OF the constitution of Missouri, by
which the Legislature of the state has
been directed to pass laws Ito prevent
free negroes and mulattocs from coming
to and settling in the state" has been
construed to apply to such of that class
as are citizens of the United States, and
that their exclusion has been deemed re-
The words which are objected to are to
be found in the laws Of at least one OF
the middle states, (Delaware,) and
careful examination OF the clause might,
perhaps, countcnance the opinion that II
applies to the large class OF free negroes
and mulattocs, who cannot be considered
as the citizens Of any state. But, OF al,
the articles in our constitution, there is,
probably, not one more difficult to con-
strue we'll than that which gives to the
citizens of each state the privileges and
immunllies of citizens of the several
states there is not one an attention TO
whose spirit is more necessary to the
convenient and beneficial connexion Of
the states; nor one Of which too large a
construction would more completely
break down their defensive power, and
lead more directly to their consolidation
This much, indeed, seems to be settled
by the established constitutions of states
in every section Of our Union, that "a
state has right to discriminate between
The white and the black man, both in
respect to political and civil privileges,
though both be citizens of another state {;
to give to the one, for instance, the right
of voting and Of serving on juries, which
it refuses to the other. How far this
discrimination may be carried is obvious
" matter of nice and difficult inquiry.
The committee do not propose to engage
in it; they believe it best, whenever a
case occurs which must, necessarily, in
volye the decision oft, that it should be
RENTED to judicial cosnizance.
| In The u,axu /,uhi cb p,rroxtc l,ai IN
quiries and duties) the committee are
confirmed by consideration of the EN-
barrassments and disasters which a DIFF
Gcrent course of proceeding might some
times produce. When people are
authorized to form state, and do So,
the trammels of their territorial condi-
ton fall off. They have performed the
act which makes them sovereign and in
dependent. If they pass an unconstitu-
tional law, and we leave it, as we should
that OF another state, to the decision of a.
judicial tribunal, the illegal act is divest-
ed of its force by the operation OF sys-
TEN with which we are familiar, the
control of the general government is ex-
erciscd in each particular case in sup
port OF individual right, and the state re-
tains the condition which it has just &C
CURED and would not easily renounce
But a decision by Congress against the
constitulonality of a law, passed by a
state Of which it had authorized the
establishment, could not operate direct
ly by vacating the law, nor is it believed
that it could reduce the state to tie de-
pendonce of territory. In these cir
cumstances, to refuse admission into the
Union to such a state is to refuse to ex-
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