The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-02
SPEECH OF HON. JAMES d. wEsroorr, Jr.,


OF FLORIDA,
In The Senate of The United States on the 25M day Of
July 1913, on The "Ierritoria bai,' reported by he
select committee Of the Senate.
Repoed y the assistant serste w Leeds
CONTINUED i
Mr. President have been unable to find in the federal
constitution but provisions relating terms egs.
atve powers conferred upon Congress respecting aares,
quoted.
The first as slaves (sec 9, art ~ and was intend
ed to nerdct Congress from passing any law prohibit
ing prior TO 1s0s, the foreign slave fade to States
that should allow it. except by taxing such imported
slaves ten dollars each.
The second is to Territories, (see. 8, art ~ and
Other property belonging to he United States"
These two provisions must be construed together
The first is, in TERMS but restriction for t,ne and
as TO ddin States only of the exercise by Congress OF
power II authorizes TO be implied perhaps aided By other
grants in The constulon) to proh'bit The foeiga
provision, the construction By which such power could be
derived from the constitution, would it to me- be
exceedingly liberal, if not loose. Concedng, however,
that IT recognises such power, il also, in my judgment,
confines exc usvely to the regulation prohibition of
the foreign slave trade Any other construction renders
tins provision palpabls absurdy II Congress possess.
ed the power 10 egsate 10 slavery generally in
any Otherwise than as TO the foreign slave irae,for
example. as to the removal of slaves mol imported from
abroad from one State 10 another or to Territory
lnasluch as the exercise OF such power not restrain
ed by the provision cited, Notwithstanding lis adoption
Congress could have legislaed prior 1905 Whilst
IT prohibited from Legislation to slaves import
ed after the adoption of the constitution in September
l7S7, and prior to January, $685. ii entirely
strained 10 those born i'll this country, or imported
prior to 1857 This ridiculous result of The argument
that Congress possesses any power to slavery beyond
that OF regulating suppessng the foreign slave trade
when applied to the provision cited proves that its fra
had idea of such power being implied, and
intended to bestow it. If it was conferred and its exer-
else left unrestraned, the restriction the foreign
slave trade is nugalory. Without violating the letter OF
t1a
by legislation prohibiting the removal from State
another, to Territory, OF native slaves, those inn
ported prior to 1857 have affected the foreign slave
trade TO have rendered the entire provision dead let
ter. Direct ptohibory laws to the removal of slaves
imported between 1857 and 1903, would have had no
greater effect the foreign slave trade than the prohbi
what principle what rule Of policy be OWNED for
the inhibition to the removal OF slaves, il natives
imported prior to 1887 and yet allowing those imported
between 1857 and 1905 to be so removed? Why this
distinction In favor OF the removal TO other States, to
heTerrories, of recently mpoed slaves Reasons could
be suggested why contrary distinction should have been
preferred.
The word Emigration" employed in the clause have
cited has been SAID, refers TO the removal OF slaves
from State to another or to Territory; and hence
the deduction as to the existence OF the power prior
1857 and since 1885, to lnhbit such removal of all sdUes
by congressional legislation This is to very extra
ordinary deduction. The terms used emigration
Importation, and used with reference to certain
persons, and to their introduction into certain States
then existing that shall ink proper 10 admir- them
lhey are not USED win reference 10 their from
such States, but their ngress into those States exclu
sively If otherwise, they could not migrate from
such State until they had been imported into it, the words
would have been transp posed They may have been en-
ployed to satisfy the fasdous scrupes of the
application solely OF the word ''importation to per
sons" whom they would not in unequvocal language
cognse property 1t is well known that the suppress
sion OF the WORKS savery" and ''saves" in the const
tuition was induced by similar cause. II So the mean
ing OF the two words 10 be regarded Synonymous,
and so intended Ii has been supposed ALSO that the
Ia n
coming in from abroad and who voluntarily,
distinguished from those brought in slaves | am,
however, inclined to believe the word "migTation may
have been employed with express reference slaves to
be brought into the United States by land from the adj
joining donnions of foreign governments, Louisiana,
the Floridas, 3d. as distinguished from those SIM
pote from foreign countries By The public records
show that such introduction by land into Georgia and
the old Mississippi Territory was extensive. Either
the first.
do not consider it important to contest the position
that the terms ESTATES noD eTsng" IN the clause cited,
exclude the States that did think proper to admit
foreign slaves and also the States, and the Terrific
RES, from the operation of the nerdct upon Congress
in force till $685. and that it left Congress free to legis
spect to those States and the Territories Congress
as free before the expiration of the nterdct it has
been since with respect to ALI the States and Territories
but to such extent only The interdic was-l. AS to the
prohibition of the Emigration mporation of slaves
admitted between 1857 and 1908. q 1t was confined 10
the States then ''erisng" 1t was still further con-
proper 10 admir- such persons." Give the nerdic its
fullest force and does not authorize any deduction pre-
sumng the existence OF powers when 1T imposed,
and that were revived on its expiration in lSOS, syllable
hey ond those Of Whach The exercise prohibited by It,
Since $685. the migration HPortdtion OF all slaves
from abroad either in the old Or States in the
Territories, and whether they "hink proper to admit
them" not, be prohibited by congressional egisla
ton; and hs the crtent Of its pocers this subject
The constitutional inerdlct, it is well known in
serted to quiet the appehensons of certain of the South
States of attempted legislation by Congress on this
subject The history of the formation OF the consttu
ton proves that II found necessary adopt it to
secure the concurrence of those States the compact
They would not have yielded their assent without
It, 1t has been said it regarded guaranty against
attempted unconstitutional legislation rather than
slrant upon admitted constitutional power This fact
may, with some weaken the force of the deduction made
from the interdic of the existence Of tie poer II
proibHed but Will give such deduction full weight 1t
necessary to give the sIavetrade acts validity will
regard every power that can, with any semblance OF
be inferred from the terms of the constitutional inter-
Dict upon lis expiration lS0S, unrestraned and in
full force The argument that cannot be assented to IS,
that nterdict for specified period against the proh
bition OF the "migraon ALLOWING that word means
moval the interior after tmportdion from abroad OF
foreign slaves, authorizes the conclusion that power
existed to prohibit the Emigration" OF all dUes The i'm
plica,ion from the nerdict, IFS expiration, OF pre-
listing power thereby restored, it is repeated must be lin
tied TO the precise extent and to the identical character OF
the power in,erdcted general power beyond the limit,
and different character from that inerdicted cannot be
implied from the inerdict itself If claimed, it must be
established otherwise So FAR from the nterct IN this
Strengthening the claim of a generdi power OF egs-
aton by Congress the subject OF slavery and as to all
slaves, before suggested It's recognition OF the power
the foreign slave trade, and the absence OF any ur
her recognition destroys it. Ii recognises and establish
the distinction between the foreign slave trade and the