Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-09
rnr MlsslsslrrI SLAVE orrsTION.

This great question. now involving the right claimed
BY the AboltonstS, for Congress 10 prohibit the trans
portation of slaves from State TO State, came mp III
The Supreme Court Of the United States, in the
of Graves and Graham of Louisiana, endorsers OF
note rven IN Mississippi the Both December, 1o}6
for slaves introduced for sale into that State IN co and
1896, and there sold Mr.. Brown. The Constr
tuition of Mississippi of lc}2 contained tins clause
aThe introduction of slaves into this State, as mer
chandise or for sale, shall he prohibited from and
after the lst day Of May 1888, under which no Ia "
was passed by Mississippi until le37. Under tas
clause il contended-Ist That the clause in cues
ton absolute prohibition OF this traffic IN slaves
. That even were il regarded mandate M
peratiyc 10 the Legislature il established the poll
of the State opposed TO the slave trade and rem
dcrcd void all contracts IN violation OF that policy.
g. That IL rendered the sale void 4. That the prohi-
bon was constitutional. These were the points as
sumed by the counsel Of Graves and Graham, (who
were alleged be innocent endorsers whose endorse
ment had been used for fraudulent and Illegal purpose,
wi,hou, their consent,) BY Mr.. Glpln, the Attorney
General Of the s., and Mr.. Walker the Sc nator from
Mississippi Messrs Webster, Clay and Jones were the
counsel the other side and controvered all the above
points and particularly conended, ls that tins was
no prohibition in itself, I'd, that rs mandate IT was
imperative without legislation; 3d. that it prohibited
only the introduction, and not the sale and ith that
this prohbitorv clause in the Constitution OF NlissIssp-
p unconstitutional being repugnant TO that clause
IN the Constitution Of the United States which empow-
cred Congress TO regulate commerce among tue oates
which power in Congress was supreme and exclusive
They contended particularly that even though Congress
could prohibit the trade, savehodng State pos
sessed that power The court decided first, and unan,
mouSiy, that Congress possessed no such power and
all the court decided, with great unaninity that the
States did all possess this power, except Judge Bald
win whose opinion that neither Congress, nor the
States acknowledging slaves property possessed any
such power. All the Abolitonists them who respect
the unarimons opinion of the Supreme Court, VIII
abandon so much Of their petitions call on Congress
10 regulate prohibit the transportation OF slaves from
State 10 State The first and second points were de-
cided in favor Of Mcssrs Clay, Webster and Jones by
The opinions Of Judge Thompson, fancy, Baldwin,
Mclean, and Wayne. Justice Story and Mckinley
being Of different opinion, and concurrIng on these
points also with Messrs. Gilpin and Walker Judge
Catron unwe during the trial, and did not SIT IN
the Judge Barbour present at the argument
but died before the decision lie understood, how
ever, 10 have concurred with Messrs Gipia and Wal
ker all the points except the second As 10 int
third point that Of the introduction for sale was ega
the sale might be lawful one OF the Judges SCENE
10 be of that opinion, but all who expressed on thu
point considered that if the introduction for sale wal
prohibited, the sale would be illegal An OPINION o
the Supreme Court Of Mississippi was relied on, but
being chancery case, not necessarily nciuuing lf
question, II declared extra judicial, ana therefore
not binding the court, although they conceded ny
mpcaton that had il not been extra judicial, It would
have governed them on the first three points OF inc
case. The argument Of Messrs Webster, Clay and
Jones on the side and Of that Messrs. Walker and
Gilpn the other, pronounced 10 be OF
ing ability in the opinion of the Court. One point Of
the Abolition controversy, aud that the most important,
is that solemnly settled favor of the South. The
State Of Mississippi being deeply interested, as we'll
the entire South, Mr. Walker occupied four days IN
| his Argument Globe.