The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-03

their import, must be admitted The only other answer
that be made to them is, the denial OF the force of
precedent in legislation questions OF constitutional pow
and OF such concessions beng entitled to any weight
II true, they founded upon, and carried OUT the
Missouri compromise of 800 3o and that they confirmed
and ratified it, is the radical objection to them The
South may perhaps be excused for their good faith In not
seeking to disturb that compromise at sacrifice.
But those resolutions did more; and what they
expressly imposed conditions forever any STATE
created north of $50 80, as TO slavery, and
sumed to grant the country and people south OF that ne
as boon, The privilege of deciding for themselves when
they became State States hold this provision TO
be the most audaclous usurpation OF power perpe
trated in this country. should have been impeed by
my convictions to the constitutional power and Of my
Duty to have voted against the annexation of Teas
with those provisions in the resolutions. and avowed
the time 1t is said the exercise of the State SOW
Such does not be Mr.. Madisons Judgment (see
T., No I'D but admit the fact to be so-and the
strong oneand il affords additional reasons why they
should not have been adopted. They were at most
less. @ Iei.
The acts of Congress respecting the foreign slave trae
and the prohibition OF the bringing OF free persons of
color from abroad into States that had prohibited such n
in the territories south of $50 80, mississippi Orleans,
Alabama, Missouri, Arkansas and Forda,) so far from
juslfyng the power Of Congress- all my opinion con
roborae and fortify the views have advanced that
subject Iconceiye they all confined to the suppress
sion OF the Importation OF slaves from abroad or in aid
Of State or territorial laws prohibiting the introduction
of negroes, &c, slaves free from abroad aid
of municipal police regulations excluding felons and
other dangerous slaves from being introduced into the
territories for SALE and by traders, be got rid OF merely
CA memorandum OF these acts is anneXed-NOte |, ap-
pendlX)
The only act that can, with any show of reason be
urged exception to these principles, the Temporal
1901; and this think, can be explained satisfactorily
The first prohibition in that act, slaves imported
from wthoat the United States" into said Territory. 1t
copied battm from the act OF 7h April 1885,
speeding the g Mississippi Territory" Both impose
penalty of three hundred dollars for each slave so import
ed and declare the slave free 1t is not important to IN
1ure whether this provision extended TO the Lou
sana district" afterwards Missouri Terriory,) prior
TO 1908 That Congress possessed, as to the Territories,
precisely the same powers prior TO iSOS that possesses
noW to the whole Union, the received opinion
when those provisions as to Mississippi and Orleans were
adopted Some hold the nterdct did not apply 10 the
and negroes invoked the aid OF Congress, and urged that
the nterdct did not prevent such aid being given to their
laws So far from sustaining the power now claimed
visions OF The acts of l79S and OF 1904 adoped)
inconsistent with such claim of power Then it not
pretended that Congress had general power beyond
The foreign slave trade restrained, till 1908, specified
mode. 1t not questioned that had power to pass
laws IN aid of the laws OF the old States that did not ad
mir importaions OF persons from abroad, and also to
the Territories 1t is not necessary to inquire as to It's
power with respect TO the States. The only new
slave States prior TO 1912 Kentucky and Tennessee,
both interior States, which there could not well be
importaons from abroad but through the Territories,
through the old States. The universal sentiment OF the
country long before the nerlct expired in 1908. ad
verse to the foreign slave trade and general feeling
prevailed TO loosen the nterc upon Congress as far as
possible Even in Georgia and South Carolina, that had
the trade The seadfast friends OF the traffic were from
the East AS late as 1906, memorial to Congress from
Philadelphia, (sec American Slate Papers, Fit Miss
volume l, page 450.) asserts that commence in the
slave trade has long disgraceuly distinguished number
of the citizens OF eastern State and states that to
evade the foreign saverade act OF 1900, which gave all
nfnl and nrnD
tenders would procure Participators to inform against
them and divide the proceeds Such discpuabe shifts
increased the odum attached TO the foreign slave trade
and excited Congress to exercise its powers to the ex
trenest limit allowed by the constitutional interdlct and
every syllable of that inerdct, doubt not was closely
"a ana ba a ingenuity ber ~
Of the State laws and TO suppress the foreign sdUe trade
in every possible mode except by that lntedlced Hence
Hence also, the act of 1s03 prohibiting the bringing into
State any negroes, slaves or free, prohibited by the
laws OF such State Hence also, these provisions in the
territorial acts of 1898 and 1901, All Except the
act of lSo3 which is not within the purview of the
general acs) were merged in the general slave trade
act OF 1908. All were under the admitted general
IN every way and mode, and in every form. and as
every place shielded by the special ntedc in the
constitution; and which nerdct being released IN ls0S,
such general power has since been penary But this
no precedent warrant for the power now claimed OF
excluding qN slaves from the Territories.
The act of 1901 in the second place, Inhibited the
States slaves that had been imported from abroad since
May lst, 1895 Why this particular date was fixed upon,
certainly say. The act organizing Mississippi
Territory, and containing prohibition to the i'm pora
lion of foreign slaves into that Territory, was passed 7h
April 179S Perhaps the date refers to that prohibition
and to the time it became known in Mississippi Terrific
ry; and the allowance to slaves imported before that
time admit into Orleans Territory all slaves le
gally imported into Mississippi prior TO that prohbiion
and exclude all other imported slaves 1t Is KNOWN
however, that the influx of foreign slaves into LOUISIANA
before the cession from St Domingo, &c, where nsur
from them and measures, is not unlikely, were adopt
ed prevent dangerous slaves and free negroes being
and this prohibition may have been IN aid OF
local Spanish French laws for such purpose in force at
the ccsson with respect to said Territory. (Amerlcan
State Papers, Tit Miss, vol. /, PIP $50, $780, 396, 3ea
ciple of the first Both apply exclusively to slaves i'm
ported from abroad. The first If is true applied only to
prospective importaons into Orleans Territory, and this
excludes all slaves imported into other parts OF the Uni
ted States after 1s May, l79S. imagine that both
urged on the ground of being in aid Of the objects
the interdict was twofold: LIST. To enable the States
F" existing" in 1887, that should 'hnk proper to ad-
NIT foreign slaves, to supply themselves with the ad-
dtonal slave labor they needed. I'd. The ultimate
eectua suppression OF the foreign slave trade in $685.
as to the whole Union. The prohibition OF the for
allowed it, without competition; and being thereby ena-
bed procure their needful supply sooner they surely
could not complain Of such prohibition as violation OF
the nerdct II probably urged too, that the inter-
dict intended merely to enable those States to OBTAIN
such supply of additional labor for themselves and not
to allow them force such mporat,ons into other States
or Territories 10 become the media OF introducing
them there. The right OF "imporflfion" certainly
was not disturbed, because they were not removable TO
another jurisdiction, unless the importation was intended