Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1848-10-05

temen submitted by consent TO the cohSluefa
ton of the National Wing Convention which met IN
p. Philadelphia but which did think proper 10 place
me nomination candi late for the Presidency
have quietly submitted 10 the decison OF that body
and cannot consent 10 any further consideration Of NY
name in connexioR with The office of President OF the
United States, and accordingly | have RETAINED
from giving, and must continue to decline giving. the
slightest encouragement countenance To any such use
: oft"
OPINION OF JUDGE Mclean INGROVESAN AND
OTHERS VS. SLAUGHTER.
The following is The opinion of Judge Mclean, 10
which Mr. Fillmore has reference
JUSITCEMcLEAN'5 OPINION.
Groves and others) JANUARY 7, lS4l
u.s. Is Peters. Rep 449
Slaughter.
Page 503. Mr.. Justice Mclean
As view of This involves the construction OF
The Constitution of the United States in most impor
plr. and in regard to its bearing upon moment
and most delicate subject, will state in few words
views that branch of the The case
has been argued with surprising ability on both sides;
end although the question to consider is rot neceS
sary decision of the yet IT is Intimately con-
nec,ed with and has been eaboraely argued that
under existing circumstances deem I'll aud proper to
express my opinion upon It,.
The second section Of the Constitution Of Mississippi,
adopted The Goth of October 1882 declares that the IN
PRODUCTION of slaves into that State, merchandise or
May 1888, provided, that the actual settlers sail not be
prohibited from purchasing slaves in any State IN the
Union and bringing them into that State for their own
indivual use, until the year 1915 and the question Is,
whether this provision is in conflict with that part of the
Constitution of the United States which declares that
Congress shall Rave pIwer ''to regulate commerce with
foreign nations. and among the several States"
In the of Gbbons Ogden, Wheat lS6,this
Court decided a' the power To regulate commerce Is
exclusively vested in Congress, and that part Of 1t can
be exercised by State.
The necessity Of uniform commercial regulation more
than any other consideration led TIE adoption OF the
Federal Constitution. And, unless The powci be not
oay paramount but exclusive, tie constitution must tai
to attain of the principal objects OF its formation.
1t has been contended that a State may exercise
mercal power, If the has not been exercised by
Congress- and that this power of the States ceased when
tie federal authority exerted over The subject
matter.
This argument is founded upon the superstition that
State may exercise power which it has expressly Civ
To the federal government, if it shall not exert the
power all the modes and all tine subjects 10 which
it can be applied. Ii this rule of construction gen
orally adopted aud practically enforced, it would be as
fatal TO the spirit Of the Constitution it is opposed To
its letter.
Ii commercial power may be exercised by State
because has not been exercised by Congress the same
rule must apply tooher powers expressly delegated to the
federal government.
1t is admitted that the power of taxation is common to
the State and federal governmen but this is not in It's
nature or effect repngnant power and its exercise Is vi
tai to both governments.
power may remain dormant, though the expedence
of lis exercise has been fully considered. 1t is often
wiser and polite forbear, than exercise pow
state regulates its internal commerce. may pass
inspections and police laws, designed guard the health
and protect the rights Of its citizens. But these laws
be extended So as to come in conflict with a
cl,, tba e. .ral
1t enough say that the commercial power as it re-
CARDS foreign commerce. and commerce among the sew
ea States, has been decided b. this Court 10 be exclu
sively vested in Congress.
Under the power to regulate foreign commerce, Con-
gress impose duties imporations, give drawbacks,
pass embargo and non intercourse laws, and make all
other regulations necessary to navigation To the safety of
passengers and the protection of property Here is an am
pie range extending to the where the
mercal enterprise Of citizens shall 60 for the exercise
of this power.
The power to regulate commerce among The several
States is given in the section, and in the Ian
gnage Blu, it does not follow that the power may be
ercised to the same extent.
The transportation of slavery from foreign country.
before the abolition of that traffic, subject 10 this
mercial power. This would seem to be admitted IN the
constitution it provides that ''the importation Of such
persons any Of the States, existing, shall think
proper admit shall not be prohibited by Congress prior
10 the year eighteen hundred ana eight but tax or
duty may be imposed ON such mporatlon not exceed
ing ten dollars for each person."
An exception to rule said 10 prove the existence Of
the rules and this exception TO the exercise of the
melcal power may we'll be considered as a clear recog
milton of the pc in the stated The United States
are considered unit, in all regulations of foreign
commerce. But this cannot be the case where the regu
ations to operate among the several States. The
law must be equal and general in its provisions. Con-
gress cannot pass non-inercourse law. among the
several States mposean embargo that shall effect
y part Of them
Navigation, whether on the high in the coast
sing trade, part Of our commerce and when
ded beyond the limits Of any State, is subject to the
power of Congress. And regards this intercourse,
internal foreign, it is lmmaieral whether the cargo
of the vessels consists passengers articles Of
merce.
Can the transfer and sale of slaves from ona State To
another be eguared by Congress under the commercial
power2
II State may admit prohibit slaves its discretion
this power must be in the State. and not in Congress-
The Constitution recognize the power to be in
the State. The importation Of certain persons meaning
slaves, which MT To be prohibited befre eighteen
hundred and eight limited to such States then ex-
isng, shall think proper to admit them. Some of
the States time prohibited The admission Of slaves
and their right to do strongly implied by this
provision the right Of other States that admitted them
The Constitution slaves persons In the sec
ton Of the first article which apporors representatives
and directs among the States, it Provides 'the
numbers shall be determined, by adding IL The whole
number Of free pesns including those bound to service
for of years and excluding Indians taxed three
hs of all other persons" Aud again. the third sec
ton Of the fourth article II is declared that 'sn0 persons
held service labor in one State under the laws
thereof, escaping into another, shall. consequence of
and law or regulation therein. b, discharged from such
service or labor but shall be delivered up,n claim NJ tho