Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1839-02-21

press ~ claimed under tnht Clause oi tne CoH-
situation which invests il with authority to-
regulate commerce with foreign nations, and
among the several States,an with the Indian
tribes. The power to regulate commerce
among the several States. like other powers
in the Constitution, has hitherto remained
dormant in respect to the interior trade by
land between the States. II was a power
granted, like all the other powers Of the Ge-
neral Government, to secure peace and har-
mony among the States. Hitherto it has not
been necessary to exercise it. All the cases
in which, during the progress Of time, it may
become expedent to exert the general ou'
thority to regulate commerce between the
States, cannot be conceived. We may ensi-
ly imagine, however, contingencies which, II
they were to happen, might require the inter
position Of the common authority. IL, Tor
example, the State Of Ohio were, by law, to
prohibit any vessel entering the port OF GIN
cnnati, from tho port Of Louisville, in Ken.
tucky, il that case be not already provided
for by the laws which regulate our coastn2
trnde, il would be competent TO the General
Government to anDul the prohibition emanat.
ing from State authority. Or II the State OF
Kontucky were to prohibit the introduction,
within its limits, Of any articles OF trade, the
production Of The industry of the Inhabitants
Of the State Of Ohie,thc General Government
might, by its authority, supersede the State
enactment. But | deny that the General
Government has any authority, whatever
from The Constitution, to abolish what Is
called the slave trade, or, if other words, to
prohibit The removal Of slaves from one slave
State to another slave State.
The grant in the Constitution is OF pow
er of regulation, and not prohibition. II is
conservative, not destructive. Regulation
or vi termini implies the continued existence
or prosecution of the thing regulated Pro-
hibiton implies total discontinuancc or ami
hilaIion. The regulation intended was de-
signed to facilitate and accommodate, not to
obsruct and inconmode the commerce to be
regulated. Can it be pretended that, under
this power 10 regulate commerce among the
States, Congress has the power TO prohibit
The transportation of live stock which, IN
countless numbers, are daily passing from
the Western and interior States 10 the South
ern, Southwestern, and Atlantic Statcs?-
Tho moment the incontcstable fact Is admit
ted, that negro slaves are property, the law
Of movcablc property irresistibly attaches IL
self to them, and secures the right OF carry
ing them from one to another State, where
they are. recognised az property, without any
hindraace whatever from Congress.
But, Mr.. President, ! will not detain the
Senate longer on the subjects Of slavery
within the district and in Florida, and of the
right Of Congress to prohibit the removal o
slaves from one State to another. These, ms
! have already intimatcd, with ultra -aboli-
tionists are but so many masked batteries.
concealing the real and ultimate point Of at
tack. That point of attack is the institution
~ Inp,n.tis clau O n q m tbocp Stntps
1t is to liberate three millions Of slaves held
in bondage within hcm. And now allow me.
sir, to glance at the insurmountable obstacles
which lie in the way Of the accomplishment
of this end, and at some of the consequences
which would ensue if il were possible to at
tain il.
The first impediment is the utter and ab.
solule want of oil power on the part Of the
General Government TO effect the purpose
The Constitution Of the United States cre-
ales limited Government, comprising COM
paratiyely few powers. and leaving the re-
siduary mass of political power in the posses
sion OF the several States. II is well known
that the subject Of slavery interposed one OF
the greatest difficulties in the formation o
the Constitution. II was happily compromls
ed and adjusted in spirit of harmony nnl
patriotism. According TO that compromise
no power whatever was granted to the Ge-
neral Go, ,crnment in respect to domestic sla-
very bat that which relates to taxation and
representation, and the pow er TO restore fu-
gitive slaves to their lawful owners. All
other power in regard to the institution Of
slavery was retained exclusively by the
States. to be exercised by them severaly,
according TO their respective views Of their
own peculiar interest. The Constitution Of
the United States never could have been
formed upon the principle Of investing the
General Government with authority to abol-
ish the institution at its pleasure. II never
can be continued for single day if the ex-
ercise Of such power be assumed or usurp-
ed.
But il may be contended by these ultro
aboltionists that their object is not to stimu-
late the action of the General Government
but to operate upon the States themselves IN
which the Institution Of domestic slavery eX-
lists. II that be their object, why arc these
abolition societies and movements all confn
cd to the free States? Why are the slave
States wantonly and cruelty assailed? Why
do the abolition presses TEEN with pub!ica
lions tending to excite hatred and anlDosI'y
on the part Of the inhabitants Of the s,s :
States against those of the slave States =
Why is Congress pettioned: The s'se
s ates have no more power or rghi,o Incartara
with institutions in the slave States, cGnfded
to the exclusive jurisdiction Of those States.
than they would have to interfere VIII NJ
sttutions existing in any foreign county
Wha, would be thought Of the formation OF
societies in Great Britain, the issue of pu-
merous infammatory publications, and the
sending out of lecturers throughout the
kingdom, denouncing and aiming AT the de.
sructon of any Of the institutions Of France?
Would they be regarded as proceedings war
ran'ed by good neighborhood? Or what
would be thought ofthe formation of societies
IN the slave States, the issue Of violent and
infammatory tracts, and the dcpu,ation Of
missionaries, pouring out impassioncd denun-
ciatlons against institutions under the excu.
sive control of the free States? Is their
purpose to appeal to our understandings, and
TO actuate our humanity? And do they ex.
pect 10 accomplish that purpose by holding
us up 10 the scorn, and contempt and detes
tation of the people of the free States, ant
the whole civilized world? The slavery
which exists amongst US is our affair, no
theirs; and they have no more just concerr
with il than they have with slavery as it ex
lists throughout the world. Why not leave
il to us, as the common constitution Of ou
country has left it, 10 be dealt with, under
the guidance Of Providence, as best we may