The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-02-19

Represenfahres.
CONTINUED
III The me- ri and third class Of federal relation, Of
slavery created BY the Constitution Is that 10 be found
in the 9Th section Of the l,t article The migration
or importation Of such persons as any OF tie States
now existing shall think proper 10 admit shall bot BE-
prohibited By the Congress prior TO the year lsJs
but tai or duty may be imposed on such Import.
ton not exceeding ten dollars for each person TLb
proyisiop Of the Constitution went farther than 10 m
cogniss The existing institution OF domestic slave
ry Itexpressly restrained the prohibition, by law
OF the foreign slaye-trsde prior 10 1905 and re-
ser, cd the right Of limited revenue, even 20 the fed
eral treasury, from that trade. Since the year Of
this limitation Of the time Of migration aud mpora
tion the Government Of the United States has been
the first among the nations Of the earth 10 declar.
the foreign slave trade piracy, and TO enact the l
est penal statutes against its enormilies. late tr,
~ has bound the nation TO guard the coasts ofAfcl
and the high against lis crimes. This Is . INIT.
ted to be constitutional and the saveholdng STATE,
have cordially united and prominently cooperalJ
in all measures adopted by Congress and the Exec.
tive to arrest and exermDate this horrd traffic car
ried on by others 10 their injury, and against then
earnest and solemn protestations at first, aud ,u1
continued against their will and moral sense They
would now, were it In their power, arrest England In
her phianthropic practices Of making recapufed
Africans apprentices, to supply the services Of
| slaves lately emancpated IN her West lb4s
Colonies. All petitions this subject are adj
mtted to he within the jurisdiction of Congress and
the rule in question app les To none OF hem.
w. The fourth class Of federal relations created
by The Constitution, is that embraced in the u Sec
ton Of the 4h article "No person held service or
labor in State, under the laws thereof escaping
into another, shall, in consequence Of any law or
regulation therein, be discharged from such ser.
vice or labor, but shall be delivered up, on claim
of the party to whom such service or labor may be
due.n
Prior to the adoption of this constitutional rroys
ion, State comfy alone could be relied upon to de.p
er up fugitive slave escaping from State 10 M.
other Now, there is express constitutional guar.
sntee to the owners Of slaves that ngtves shall not
be discharged from their service or labor but tia,
they shall be delivered up on claim of their master,
And in pursuance Of this, by the act Of 1893 Con.
gress enacted the mode in which fugitive slaves should
be delivered up, ard the mode 10 which the claim for
their delivery should be made Thus Congress not
only has full jurisdiction this relation of slavery
but is constuoDally bound to provide for exec.tGg
and securing the right of possession and property IN
| fugitive slaves.
Petitions on this subject address themselves legi
| mately to the competency Of Congress, aud 10 such
petitions the rule in question does apply in no
manner binders or lorbds action upon then by The
| House OF Representatives. And those four classes
embrace, according to views, all the federal re-
atons OF slavery created by the Consl tuition upon
which, in ordinary times OF peace, the legislation Of
Congress can directly operate. But it is commended
that the Constitution has created other relations Of
the subject over which Congress may exercise legs
| latiye jurisdiction and control
LIST. In the first place, it is commended that Con.
gress under the power 'sto regulate commerce wiz.
foreign nations, and among the several States, and
| with The Indian tribes" can abolish the domestic
slave-trade between the States and Territories aud
| the District OF Columbia
II is sufficient as wer TO this 10 say, that The
power 10 ''reguiafe" the mode in which trade aud
commerce shall be carried on admits, in the first
place, OF trade and commerce, of all their sub
Jects-mater without exception, and gives no power
TO abolish commerce, or TO destroy its subecls-mattT
or the property in them that IT is OF the reserved
powers OF the States TO declare what species Of pro
perry shall be he'll or introduced within their limit
that when State permits particular property 10
be held and owned, introduced by her citlzeg,
within her limits, ihe citizens Of each State shall be-
entitled to all the privilege, and immunities OF en-,
zens IN" her limits either to introduce, hold or OWL
the sane species Of property there, as long as her
own citizens are allowed the same prvilegJ and M
muniiy; that If Congress may interpose to prohibit
one subject OF internal commerce, there is no mlll.
ton 10 the power, and il may abolish another Ii d
may enact that the citizens OF the United States ,hi.
not trade from State to State Territory in shave
II may equally declare that they shall not trade iu
like manner IN corn, or wheat, cotton, iron ur
hour, or tobacco that the power given by this clause
IN the Constitution, 50 far from being inien ed 20
shsckie, restrain, or prohibit commerce Of any kind
TO any extent, was meant TO free II from al ieucr
rather, aud particularly to guard il from unequal OBJ
slructious and prohibitious which might have been
imposed by the States OF the Union that power 90
prohibit the citizens of one class Of States from -
and transferring and trading in their kinds of properly
from State to State, or Territory, or district, al4
allowing The citizens OF another class Of States 90
Hsoe untramineiIed m their property, is 50 Ut
equal and oppressive, that IL could never have
been intended TO be granted, and could never have
been consented to by any portion Of these SOVEREIGN
and independent States And II such power r,.
lists, 1t can longer be said that Congress bas nu
power TO abolish slavery in the States because tIr
power, for example, To prohibit ihe citizens OF VIZ
gina and Mary land from selling and Transporting then
slave property TO citizens OF Louisiana and Mis- s,i1
pi, and the other slave markets Of the Union would
be as efeciua TO abolish slavery within their limit.
as any direct power 10 enact limitation Of time o.
the post nat' principle, upon which the Institution %
slavery should entirely cease 10 exist
ID. 1t is further contenJed, under the power given
TO the President Of the United State. by arI
with the advice and consent OF the Senate a. mol
reoiNs aud under the inluDc ton Of the ConsttulUu
that ihe United States shall guaranty TO every State
IN this Union republican form Of government aud
shall protect each Of them against Invasion aud un
application Of the Legislature or Of the Exeouttr
when the Legislature cannot be convened agsusI
domestic violence, "-tast, In the event Of .crU'r
instruction and war, and in the event Of the pfoO
ton Of The United States being invoked "sgarst loo.
vas,op" or domestic violence in such case ne
treaty making power might he in,erposed and en-.
poyed to emanclpate the slaves In any or all OF ihe
States, according to the circumstances Of the case
and the extent Of the domestic violence" and
power Of the insurgents. This horrible, inccndau,
and revolutionary doctrine might suit the case 90
English colonial history Of the Maroon war, u
which Cudjo trestcd with amidst the co,L-iII.
Of Jamaisai or the case Of the cut throat rcvoui.n
IN St Lom'nge, 'nst'gated and successfully aidc' b..
British arms, where France was compelled to cugr.
cpaie colony TO sppease her mighty rival But a
pre- supposes 100 impossible condition OF thing sr.
revolution too ssnguinsry and terrible In Us eiuN
quake shocks TO the Union ITSELF 10 be seriously
cussed - even within the probability ofibc tr' OF
application IN this country fsuch power really
ex'sss IN the minds Of any, they must be few anl
such only could not be trusted not to ouse Ir.u