Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-05-01

Tee ION OF rs own peope from the evils OF pau
perism have been complied with.
II, however, the treaty or act OF Congress
above referred 10 had attempted 10 compel The
Stale 10 receive them without any security The
question would not be on any conflicting rcgula-
lions OF commerce, but upon one far more impor-
'anI TO the States, that is the power OF deciding
who should or should not be permitted 10 reside
among its citizens.
Upon that subject, have already stated my
opinion. cannot believe that II VAS ever IN
tented to YES! in Congress by tie general words
10 relation Ia the regulation OF commerce his
overwhelming power over The States For Il he
treaty stipulation before referred Il, can receive
The construction given to j. in the argument and
has that commanding power, claimed Tor il over
the States, then The emancipated slaves OF the
West Indies have al this hour The absolute rieht
10 reside, hire houses, and traffic and ll8de
throughout The Southern States in spite OF any
State law 10 The contrary; aud III ....ale.y leading
To The most painful consequences. Il will har!-
~ be said that such power was granted 10 the
general government in the confidence that il
would not be abused. The statesmen OF that day
were loo wise and Two well read in The lessons
OF history and OF their own times 10 confer un-
necessary authority under any such dclusion.-
And cannot imagine any power more unneccs-
sary 10 The general government and al the same
time more dangerous and toll OF peril 10 the
States
Bul there is another clause in the constitution
which is said conicTs The exclusive power over
This subject upon The general government. The
OH section OF the first article declares that the
migration or Importation oi sucG persons, as
any OF the States then existing should think pro-
per IL admit, should not BE- prohibited by the
Congress prior 10 The year 1903, but that tax or
duty mi CHI be imposed on such importation The
word migration is Supposed to apply to alien
frecmen, voluntarily migrating 70 This country,
AMI This clause 10 place their admission or rejec
ton entlrey in the power Of Congress.
a. The time OF the adoption o The constitution,
This clause was understood BY us friends 10 apply
altogether TO slaves. The Madison papers viii
show that il was introduced and adopri solely
10 prevent Congress before the time specified from
prohibiting the introduction of slaves from Africa
mo such States as should think proper 10 admit
them. II wa. discussed on that ground in The
debates upon il in The convention, and The same
construction is given 10 il in the 42i number OF
The Fedefaisl, which was written by Mr. Msil-
son; AMI certainly no body could have understood
the object and intention Of this clause better than
he did.
Ilappears from this number otthe Federalist that
those who in that Gay were opposed 10 the con-
slilu.lon, and endeaSorng 10 prevent rs atoruon.
represented the word Emigration" as ing
irecmen who might desire 10 migrate from Eu-
rope 10 this country, and objected 10 The clause
because il put il in The power Of Congress 10 pre-
vent il. But The objection made on that ground
is dismissed in lew words, as being 50 evident
" founded on ,Disconsruclipn, as 10 be unworthy
OF serious reply. And j! is proper 10 remark that
the objection then made was that u was cacula-
ted 10 prevent voluntary and beneficial emisra-
lion from EuTopr which all the States desired 10
encourage Now the argument IS that il was IN
serted 10 secure Il, and 70 prevent i from beng
Interrupted h. lie States. II The word can b.
applied 10 voluntary emicranfs, he CONSTRUCTION
pul upon il by those VINO opposed thr constitution,
is certainly The usl one For j! i, difficult 10 i'm
asine WIN power snould be 81 explicitly and
carefully conferred on CoLg'e>s 10 prohibit emf
grafton, uhlsss he majority uthe SAFES desired 10
put an end To II, and pfe:c' any particular Siae
from c9niraytnins this policy.
Bu. Ills acri!i!"! III all hands that il was men
he policy ui all Inc SAFES ~ encourage emig!a-
nan. as i was a,sn he pclrcy ui the Tar greater
EGmucr .: them - disroa-".c tn African slave
trade. And with these opposite views upon .ae
Two suhtcis .hc trainers q the constitution
would never have houni them boh together IN
The same clause, nor spoken 81 Them As klncred
subjects. which ougnl 10 b. treated alike, and
when /: would be he probable policy ui Con-
sress 10 prohibi; al The same time. To SIaic
could fear anr evil rom the disconras"ment Of
immigration by ether STATES, because il would
have the power OF opening lis own doors 10 lie
emicrant and Of securing 10 Itself The aGvanla-
pes il desired. The refusa! oil other States
could ~ no degree affect It's interests or
counleract it, policy. Il IS only upon the
ground that they considered Il an evil and tie
sired 10 prevent il, that this word can be con-
srued 10 mean treemen, and 10 class them IN me
same provision ami in the same words with The
imooraion OF slaves! The limitation OF the
prohibition also shows that it does not apply 10
voluntary emigrants. Congress could not PROM.
bit the emigration or importation OF sucn per
sons during the time specified in such ) afes as
NIGH think proper TO admit them" THIS Prov
sion clearly implies there was well known dill
ference Of policy among the States, uron The
subject to which this article relates. Now IN
regard 10 voluntary immigrants, all the States,
without exception not only admitted them, but en-
couraged them 10 come; and the words I'm such
States as may think proper to admit them, would
have been useless and out Of place, II applied 10
voluntary immigrants. But III relation 10 slaves,
It is known to be otherwise. For while the African
slave trade was still permitted ID some oil Inc
more Southern States, IT had bee prohioIteo
ma,,y years before, not olly in what are now
called free States, but also IN States where sla'
very still exists In Maryland, for example, il was
prohibited as carly as 1888. The qualification
Of the power OF prohibition, thei efore, by The
words above mentioned was entirely appropriate
10 the importation OF slaves, but inappropriate and
useless in relation to freemen. They could not
and would moi have been inserted if the clause
in question embraced them.
admit that the word emigration, in this
clause oil The constitution, has occasioned some
,.ihcully in us construction. Yet il was in my
Judgment inserted to prevent doubls or cavis
upon lis meaning. For as The words impos 5
aud importation in the English laws had always
been applied 10 property and things, as contra
distinguished from persons, il seems 10 nave
been unprecedented that disputes mish' af'se
whether these words covered the lnuoeuel'on VI
men into the country, although tnose li'eh "eie
the properly OF The persons VINO ofoueht 'hein w.
The trainers oi the constitution were uh"Ililhs
- use ,bp word slaves in tie instrument, and
described them as persons And so describing
lhem il employed word that would describe
them as persons, and which had uniformly been
used when persons were spoken Of and aIso The
word which was always applied 10 matters OF
property The whole context OF The sentence,
and its provisions and limitations, and the con-
siruction given i, by those who assisted in ira
ming the clause in question, show that il was in
tended To embrace those persons only who were
brought in as properly.
Bu, apart from these considerations, and as
suming lha! The word migration was intended 10
describe those who voluntarily came into the
country, the power granted is merely power 10
prohibit, not power 10 compel the SIaIes 10 adj
nit And it is carrying The powers OF The Gene.
ra Government by construction, and without ex-
press grant or necessary implication, much far.
iher than has ever heretofore been done, il The
former is 10 be understood to carry with il The
later. The powers are totally different in their
nature, and totally different in their action on the
States The prohibition could merely reard The
growth OF population in The States. II could
bring upon them no danger, nor any new evil
mora or physical But the power OF compelling
them to receive and 10 retain among them per-
sons whom the State mas deem dangerous 10 is
nsace. or who may be tainted with crimes, or in
iectious diseases, or who NAV be burtnen upon
It's industrious citizens, would subject its domes-