State journal. [volume] (Montpelier, Vt.) 1831-1836, 1836-02-29


But, as conclusive as these reasons are
against tho right, there are others not less
so, derived from the powers reserved to the
States, which the committee will next pro-
coed to consider.
The message as has been stated recon-
mends that Congress should pass law to
punish the transmission through the mail,
of incendiary publications intended to in
stigate the slaves to instruction. 1t of
course assumes for Congress right to de-
termine what papers are incendiary and in
tended to excite the slaves to instruction.
The question then is, has Congress such
right? A question of vital importance to
tho slavehoting states, as will appear in the
course of the discussion.
After examining this question with due
deliberations in all its bearings, the commit
toe are of opinion, not only that Congress
has not the right but to admit it, would he
fatal to those states. Nothing is more clear
than that the admission of the right, on the
part of Congress, to determine what papers
are incendiary, and rs such to prohibit
their circulation through the mail, necessa-
rily involves the right TO deta'mine what
are not incendiary, and to enforce their cir
culaton. Nor is it less certain that to admit
such q right, would be virtually to clothe
Congress with the power to abolish slavery,
by giving it the means of breaking down
all the barriers which the slave holding
States have erected for the protection of
their lives and property. 1t would give
Congress, without regard to the prohibition
laws ofthe states, the authority to open the
gates to the flood ofincendiary publications
which are ready to break into those states,
and TO punish all who dare resist as Grim
inals. Fortunately Congress has no such
right. The internal peace and security of
the States are under the protection of the
States themselves, to the entire exclusion
of all authority and control on the part of
Congress. 1t belongs to them, and not to
Congress to determine what is, or is not,
calculated to disturb their peace and securi-
~, and of course, in the case under consid-
Grafton, it belongs to the slaveholding states
TO determine, what is incendiary and in
tended to incite TO instruction, and to adj
opt such defensive measures as may be
necessary for their security, with unlimited
means of carrying them into effect, except
such as may be expressly inhibited to the
States by the constitution. To establish
the truth of this position, SO essential to the
safety of those States, it would seem sutfi-
cient to appeal to their constant exercise of
this right at all times without restriction
or question, both before and since the adop
ton the constitutinn. But, on point of
so much importance, which may involve
the safety, if not the existence itself, of an
entire section of the union, it will be proper
to trace it to its origin, in order to place it
on more immovable foundation.
That the States which form our Federal
Union are sovereign and independent COM
munties, bound together by constitution
al compact, and are possessed of all the
powers belonging to distinct and separate
States, excepting such as are delegated to
be exercised by the General Government,
is assumed as UNREASONABLE. The COM
pact itself expressly provides that all pow
ers not delegated are reserved to the States
and the People. To ascertain, then, wheth
er the power in question is delegated or
reserved, it is only necessary TO ascertain
whether it is to be found among the emu
nerated powers or not. If it be not among
them, il belongs, of course, to the reserved
powers. On turning to the Constitution, it
will be seen that, while the power of de-
Tending the country against external danger
Is found among the enumerated, the instru-
nent is wholly silent as to the power of
defending the internal peace and security
of the States, and, of course, reserves to the
States this important power, as it stood be-
fore the adoption of the Constitution, with
no other limitations, as has been stated, ex-
cept such as are expressly prescribed by
the instrument itself From what has been
stated, it may be inferred that the right of
State to defend itself against internal dam
gers is part of the great, primary, and
inherent right of self-defence, which, by
the laws of nature, belongs to all commu-
mites, and so jealous were the States of
this essential right, without which their in
dependence could not be preserved, that it
Is expressly provided by the Constitution,
that the General Government shall not as
slst a State even in case of domestic vio-
lenee, except on the application of the au-
thorities of the State itself; thus excluding,
by necessary consequence, its interference
In all other cases.
Remainder merit week,