Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-08-29

the United States 10 regulate commerce: but they
have both srenuousiy commended that er necsSsitde
WAS power which the state and would exer-
else, aud indeed, Mr.. Holmes concluded his argn-
meet with the declaration that II dissoluiion OF the
nnion must be the alternative, he was ready TO meet
II Nor did the argUment oi Col Hunt deviae "a,
all from the course. Giving it II, The language
OF his own summary, It was this SCUBA Caroline
was sovereign state when she adopted the consti-
iuon--a sovereign state cannot surrender right o
vital importaner-Souh Carolina therefore ciher
did not surrender this right, sili possesses the
power 10 resume ii-snd whether is necessary 10
resume 1t, she IS herself The Sorereig" judge.
But II was not necessary to give this candid expose
OF the grounds which this law ASSUMES for II IS
subject OF positive proof that it is altogether recou
cheahie with The powers OF the general government
that Il necessarily conpronits the public peace, and
tends 10 cmbro us with, II not separate us from
sister states IN short that it lehd- dissolution oi
the union, aud implies a direct attack upon the sove
reigny of tie United States
Lei II be observed that the law is % If vessel.
mot even the vessels OF The United States excepted
shall come into amy port or harbour OF tins state,
Sc bringing in free colou'ed persons, such pc,
are 10 become - absolute slaves, and that without
even iorm of trial, as understand the act, the,
are TO he sold BY the clause the sheriff vest
ed with absolute power, and expressly enjoined
carry The law nto eiiecr, aud is to receive the one
hall OF the proceeds of the sale.
The object OF thus law, and it has been so acknow.
Lodged IN argument, is TO prohibit ships coming into
this port from employing coloured seamen, whether
citlzens OF subjects of their government or not
But il this state prohibit Great Britain from en-
poying her coloured subjects, (ard she has them of
all colours the gobe) or i. Al, liberty TO prol,iht
the employment OF he, subjects OF the African face,
why not prohibit her from using those OF Irish or OF
Scottish nativity II the colour Of his skin - to pre-
clude the Lascdr the Sierra Leone seamno win,
not the colour OF his eye his hair exclude from our
ports the iuhabliarts of her other territories I'm
fact 1t amounts to the assertion of the power 10 ex-
cuda the seamen of the territories OF Great Britain
or any other nation altogether With regard Ia var-
Gus friendly nations il amounts To an actual .xcln-
kl1N IL. -.
oi Morocco OF of Algers cover Inc commerce ot
rance wiIh tins country, Al the presen, crisis
her seamen are all coloured, and even III. stare at
massachusetts might lately, and may perl,a,Is nov
expedite To this port vessel with her Off ers black
aud her crew composed of Nantucket indians known
!" ne among me best Seamen IN our service. These
| might all become slaves under This act.
II tins law were enfuIced upom such vessels rc,o.
liauon would follow aud the commerce of iAis civ
feeble and Sckly comparatively as it alren,i, is
might be fatally injured. Charleston seanlen Cha,
lesion owners, Charleston vessels might 60 Roiae be
excluded from their commerce, or the United S,.irs
involved an var and confusion. am car Il un think
ing ,hAt ms power would ever he waujony cxercis-
ed, hui these considerations show lis inter ncompa.
un'ily WIN The power delegated to congress Ia re-
gnIn'e commerce with foreign nations and our sister
states
Apply tie law 10 the particular case before Us and
the iucongruy will be glaring The offence IL "A m
he observed, for which this individual IS s,,ose Ia
lorieii ms freedom, is that of coming INFO dis mort
IN Ihe snip fiomer, III the capacity of ~ seaman
- me Nbole oil ms offence uOi
mn ',e suPpoSit'on that he Is To he burdemed wuh
me offence ol the captain not carving him or, ni
tne S'"'e ne is himself shut up. he cannot go o
ms removal depends upon another IL is true the
sale OF HIM rs suspended upon the conviction OF the
captain, aud the captain has the mower Ia ,c-cue
him from slavery. But suppose tie captain, as is
very reqneaIly the case may find his interest or
ms pleasure TO get rid of bim and OF the wages dine
him, his fare is suspended on the canoins c,n,ire
IN tins Particular but il is the exercise or a dsppns-
'.s power ~ me captain and nothing more The
seaman CRIME is complete, and The forfeiture IN
cieu ny ihe single act OF coming into port, and this
even though driven into port nv stress of weather
or forced by power which lie cannoi control. Info
"a por Tor which he did not ship himself; The law
CONTAINS no exception to meet SUCH contingencies
The seamans offence therefore is cdy,iDr into fbe
Stds an ship or reSsel that ofhe captain consists
I" W"StHS ham IN and not taking him mt of me sf4e
dHd pfytRc oil expenses Now accoi,ltuu IA e IL, <
ana ,t@a'Irs OF the United States il both lawful
Tor tbs seaman 10 come into this port in Ibis vessel
an Tor the captain to bring him in The capacity oS
seaman and yet these are the very for which,
the state law Imposes these heavy uenaige + there
no clashng in this 1t IS in effect n tsncaI of The
laws oil the United States pro tanto, converting :,
2ht INTO u crime
Ana here II IS proper notice that par, Of The ar.
S"meh' against The motion, in which il was Insisted
on that thIS law passed by the state IN exercise Of =,
concurrent right Concurrent does not mean para
mount and YET in order TO divest righr conferred
NY tue general government IL Is clear that The
STATE right must be more than concurrent
Dul Tie right al the general government to rpruIate
commerce WIN The sister states and foreign nations Is
aPafAmount and exclusive right aud This cnclnsinr
we arrive aiNHheher we examine il with refcrenre
10 The words OF the constitutions or the nature Of tbe
grant 1na' TINS has been The received aud nniversa,
construction from the first day OF the orgnnizn,inu of
I've general government IS unqueSliouable nnd the
IIght admits not Of question any more Than the fact
In ine constitution of the Uniied Saies--ihe most
wonderful instrument ever drawn 10y the hand of
m"n-there rs comprehension AMI pre- ision That is
unparalleled; and can nuly say, thai after spend
ne my NE IN studying H. sill daily ind IN it some
new excellence.
IL Is rue that II confirms prohibition on the
STATES to regulate foreign commerce. Nor was sue n
prohiDHion necessary for the words of the prant
sweep away the whole subject and leave nothing for
the states 10 &C; upnn. Wherever this is the ease
mere IS no proiIbIiOry clause ncrnosrd i'm The con
sluiinn. Thus, The states are NOT uro,ibited fro,,
regulating the value of foreign coins or fixing n
s''nu''u OF weights and treasures for tie very wciG-
imply total unlimited grant. The words IN Inc ~ O.
sent case are =" to regulate commerce witl loteian
NATIONS, and among the several states aud with tr
INDIAN tribes. II congress can regula 9 commerce.
whai commerce can 1t not regulate And ;he nav.
Igaiion OF slips has always been held bv all nations
10 apprrta'h TO commercial regulations
But the case does no, rest here In order 10 s,,s.
~ "s law, me stare must also possess power par
amount TO The treaty making power Of lhc Quilted
States, expressly declared 10 he uait Of the SIT
prene legislative power of The land lot the seizure
OF this man, on board British ship is AN exprrss VI
ol'uon oI The Commercial convention with Great
Britain of 1915. Our commerce wi,i t,,, ,,u,i,,,
dpts not depend upon The negative sanction Of
not being prohibited. reciprocal liberty nj COM
merce Is expressly stipulated Tor, ard conceded ly
that treaty To this the right OF navigating thslr sl,ips
:" 'her own way and particularly by their own sub
Jecis, IS necessarily incident policy require. any
restriction Of This right, with regard tn 2 pirf, nl,r
class nl The subjects of either CONTRACTING uartv II
must he introduced 10y treaty. The oppo.ite p,rfy
cannot Introduce itby legislative act OF his own
o"cH = law rs thIs could not be passed even by the
uf war.
bni TO all his, The plea Of necessity is urged, and
of that existence Of the uac,s.it,, ~ 80