Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-25

l
has given power TO Congress, as The mature
meaning OF The section signifies, and which aioh
il was ntended 10 convey, as We are tod oy mo-
| who framed il. - .
| II Tie history OF the 9Th section OF article u
| traced in The proceedings OF the convention irGi
its introduction into that body, unlii hpait
moulded and engrailed upon The c0nsiHuII.n'
madison Papers, vol. Sd, from P. 1900 % 1919,
il will be found that not one member Of me con
yeniion eyer treated this section IN other erWs
or as designed Tor any other purpose IMAM as !
power specially giren to Congress by mat sectioi
alone 10 abolish the foreign slave trace rom I'M
period limited by that section, with The exception
of single observation OF Colonel Mason, OF qh
einia, lha, he provision as il Stood misht oe ne
cessary in order 10 prevent The introduction q
conricis; but not pretending 10 extend the power
OF Congress beyond these and the foreign Save
trade. !.
The migration or importation embraced N u
are in The debates uniformly and plainly called
the SLAVE trade BY certain Southern SIaes, when
the convention would have abolished by he con-
sli,uion irseli bu, Tor The aYowed necessity 81
propi!ialing those States by us liberation i"f
twenty wears. There. 100, il will b. seen thai
Mr. Governor Morris, with lranknes> am sa'
saciry highly crediIabe, objected ~ he amb,gu-
and adopted. He said 'hc was Tor making The
clause read AT once, impo,tat,cm IF starsS' into
Ncrh Carolina, South Carolina, and Georgia,
snail no, be prohibited, SC This he said was
mott tail, and would avoid The ambiguity by
which, under The power with regard 70 na'nrai
Z4llon, the ibcrty reserved 10 In Sales might be
defeated. He wished il IL be known also, hal
Tins pau II The constitution was compliance
.,l,h lnose Stairs."-[ Madison Papers, vo ) ~.
1927 aui li1S A portion 81 the convention
objected "a an open sanction 81 The slave trade
upon The very lace ui the constitution, whilst me
Suulherp States would not weld their views OF
their own interests or necessities; hence, IN me
spirit oi compromise, The section was nniofiu-
naleiy permitted 10 retain the ambiguity objected
10 by NJ. Morris; and hence, 100, Ire color si7eh
for those mas Onst,u,ttOns 81 The restrictions on
me general government, aud Inc manner IN
which il i expressed, 50 decidedly Icrrchrafed III
the number OF the Fedc alist already quo.en--
This 9h section Ct The 4ln article Of he cons'l-
Iullon has on Il former occasion been invoked III
support oi the power claimed lei he 1edefal -
yeInment over alien itenGs The supporters ~
Congress OF he alien law, passed III IT'S endra-
vored 10 draw from this very sfcian Justillc"-
lion Of mat extraordinary enactment; a1i a. lheii
argument teduced from Il IS perhaps, a cuseh'
as any likely 10 be pfopounded att day, NAV
be properly advered 10 as TAR sample OF ihe
prelension advanced In this case, and OF lie foun
dation on watch il seeks 10 plant itseI. Inc
argument alluded 10 was by committee OF the
House OF REPRESENTATIVES, and i III these worcs:
THAT as The Constitution mas gtren u n. Statss
no power 10 remove aliens during The period q
The limitation under consideration, IN the mean.
time, on Tie construction assumed, there would
be no authority in the country 10 send away dan
serous aliens which cannot be admitted" Let
The comment OF truly great man on these Start
ling hcresies expose lheir true character. II !
not" says MIR. Madison, ";he incunclusirenes> II
the genei II reasoning on This passage Which cblet-
" calls the attention u il. II is The principle as
sumed by it thai he powers held by the SAFES are
given u Them by the constitution Of The Unled
States and The inference IRON this principle, Thai
The powers supposed 10 be necessary, which are
mol so given 70 the Sac governments mus reside
10 The government OF lhr u. States. ! h. respect
which i elt Tor every portion OF The constituted
auihores iorbids some reflections which This
singular paragraph might excite; and hrv are The
more readily suppressed, as Il may be pre-
81 med with justice, perhaps, as Well a canGor,
hat inadverance NAV have had is share in The
error Il would be unjuslifable deIicacy, never
ineess, to pass by 30 porientous claim without
which il would be pregnant Madson's Re-
port The assertion OF a general necessity Tor
10 The States from the general Govern
monl either 10 expel from their confines those
who are mischiey0us or dangerous, or 10 admit IL
hospitality aud settlement WhnmS0ever they may |
icem II advantageous 10 receive, carries wIh u |
,ither denial TO The former as perfect original
,uye!eenIies the right OF srli-preservation, or |
,resumes concession 10 the la'te. the creature |
i The States, wholly Incompatible with lis esei.
Use.
This authority over alien friends belongs MOI |
hen TO the genera Government, BY any express
delegation Of power, nor by necessary or proper
implication from express grants. The claim 70
I is essentially revival of what public SEMI
nent so generally and drcisiyely condemned As
IN usurpation in 'hr lien Law OF 1898; AID how
'ver this revival may al This time b. freed from
ormer impu'alions ot foreign an,Ipathies or par
iaIities, il musr, nevertheless, be insepafah!r
rom-nay, il must be the inevitable cause Of far
greater erils-jea'ousy, ill-eeling, and DANCE
Gus conflict, between The members Of this con-
eaeracy and their common agent.
Thus lar have preferred 10 consider his case
IS depending rather upon great fundamental
principles inseparable from The systems Il gov
rnment under which this country isplacef, than
S dependent upon forms OF pleading, and conclu
ions dedncible from those forms But judging
/ the case in the latter aspect as moulded By
hose forms, il seems 10 fall directly with The
peraion OF precedent settled by this couu
which must, il regarded, decide the law 10 be
Win the seientanl in error. BY the second count
n The declaration, II is aver. ed that The defendant
elow, Qhe plaintiff in error,) being The mas
er OF The ship Henry Bliss, in violation Il
he laws OF New York, brought into The pnr
all, Dc
he same, lwo-hundred and niney-fve passengers,
he demurrer 10 the declaration admitting the
ruth Of these ayermens, places The locale u The
risin as well as The iniraclon OF The obligation
declared on, within The municipal authority OF
ne Stale and without he pale OF The authority Of
Congress Ia regulate commerce with foreign ma
ions. In this view, hi, case i brought not Oh
Y within the reasoning but within thc Iera
erms OF rhe decision OF he city III New York and
Mine and musl br sustained upon the authority
i thar decision were here no nihrr grounds on
which Ii could be supported But "a is mani
est that TINS case Involves the nigh. ani what
his couu has asserted with the single exception
i raxes on imports 10 be thu pr,fct ani nnd,
ninistcd and indispensable powr If taratton m a
oveteign STATE; IL would have seemed t. me
pecies OF delinquency MOTTO make that rloh ths
prominent and controlling subject OF lnvr> igalinn
n It's intl integrity.
Between his case and that OF Norri> against
he city u Boston, tnrre are some shades IL d.
crence; hey are such, however as by me az
~ regarded As essential; both he cases rr>l H.
eaIity ppun The right 81 taxation in The States !
md an the ailer case has been examined with 70
much more OF learning and ability, Than Could
rave brought 10 its investigation, by his honor The
chief Just ice shall content myself with iecla.
ing nv entire concurrence in his reasonings and
oncIusiors upon i.
II is my opinion that the judgment OF the
court for the lria! of impeachmeEts and corrcc-
ion of errors IN New York, and the judgment
# the supreme judicial court Of Massachu
etls, should be affirmed.
NorE.-In the opinions placed on file by
ome Of the justices constituting the majority
n the decision of this case, there appearing TO
,e positions and arguments which are not re-
collected as having been propoubded from the
bench, and which are regarded as scarcely re-
.o,c;Ia hle With the former then examined and