Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-04-05

,.ih ,s Wnich viii require her political power Ia remain
diy whilst that oi every else l. growing aroun
~ ~, WIN what hope she look forward io thr future
she erceves the feeling Of hostility on The part of III
m"io! i VINO Will hold the power towards that institution
e, whether for veal or for wo is ndssouby ineryo
ven WIN her being and social organization; when she looks
"'' 10 me nature of her industrial interests and products
" wen calculated Ia become the objects OF sectional cIid
"i unequal legislation, how she consent 10 abandon M
rish' I" acquire all the power in Iii, confderary m wlic
se may DC entitled by ho laws Of nature and The cnnetn
'oa II she does submit 10 principles which exclude he
permanently from our late and future acquisitions Lei he
LOON " lhr relations between Ireland and England as III
y ol losc which must hereafter suhsist between th
slave ana The free States.
Mr. President this ri,h Of tho S,,,.. n r,i,,,, conn,
~ III all The advantages pccuniarv social and noiticoi
ic common territory of the Union seems 10 me ~ he so nh
is anu JUST tat cannot refrain from wonder it's eve
t'ha Dech eputcd. SHppose had gone into that My
can war as two concdeaccs as northern and s,u,hern
and as allies i'll that had made these cononcst conf
any man nave dreamed OF dispung the right Of those twt
"hedeaces 10 division of that tcrorvl Could the Nortl
have said then 10 the Sonth cannot allow YOU Ia lax,
any part because would carry your institutions. hrrc
wci are odos nd offensive 10 u.s. Or woald the Soutt
nave "fer dreamed oi abandoning lis share either 10 prcot
uoa ie.:ng Tor other consideration save iat o NJ,
ial force! And vhy would the South have insisted? Fo
me advantage oi counzing H. for the preservation of tht
balance oil po~er between the North and The South Ar,
not these oaccts important 10 US ii possible within
inc conledcracy than they would be- without il! As two con
cdcrces, we should feel your power only in cases Of aca
coisiol winch might BE- rare; but within The Union ".
ee e'.Y day IN the year and every hour in the day
feel II IN almost all the nf life I'm The one case
here might be possibility of being conquered by tho
sword III the latter there would be- certainty Of beinn sub
dued and ovePowccd through the forms of legislation
VI a 'he instruments oi oppcssDn commend for The
choicest noi 10 the sword but the statue book Ireland as
dependant province before the union was bad enough: bui
her condition since is marvel and an offence in hc ewes
ol civilized Are be- told then Mr. prcsiIcp,
.a Tue fisht al e South TO Share in this Territory would
nave been lndSpntlblc II We had been cunedcracics
and that il is lost because conceracs md brethren
Is thus tile price which pay for the Iponl Are wc
10 he assured that never more To ENJOY The rinh, al no.
or a nn in
sIcr u separate cnaidcacy! Could you offer more III.
ltct ndncr"nt /" The growth ol spirit Of dsunion .lan
~ sach course aa Tins When you have ,I,s offered
lie most powerful temptation within ynar reach The South
ID desire sepaation, how yuu complain il the scduc.
lion should prove powerful You cannor COMPLAIN Of the
!ru j! II be arrd from the seed which Yourselves have
Mr. President with wha, feelings must the Southern sol
dicr contemplate this exclusion OF his native STATE from
share IN te lr OF those Victories which he had contributed
n VIM The North and the South man, side by side enter
ed the Imminent deadly breach side by side they emerged
from The smoe u hattie or side by side many them re-
pose ~ common crave; their llborS their I"rilS their m
unpis were commons il much have cypcced
that The enjoyment III wnt should also be COM
mon And ret the Southern finds upon his return
that r was No; much enabling the United l.cs 10 con
qer Mexico a. securing The conquest IL the South by thc
North and conquest lie les5 absolute because il was
o be elected .Iron.h The forms Of legislation When he
into that there political ,,uib,iuu bci N,rn
the North and the South in Al least on. branch or ho GOV
crlncni; and now, when the is over tuunh c verg
c0nqucsts which hc has conbatod make The North is
Win Wl;i Lettings VIII h. contemplate his trophies when
H. remembers with what Gunccs a native State
they hIyc been Won! Tie will regard them not with emo
tons oi pride, but Of scorn and of shame The leaf OF the
coveted bay whose deadly rat he opened the
lie 10 Suppy, viii parc and wiIhcr b.ncnlh the burning
Of shane when he become. behold il as an emblem,
not ci hoEor, bui o cagacc The Stale which bore him
Hui, Mr. President there is yet another point o view in
which have II discuss c question right carry
property of every description the COMPTON territory Of
Union and settle with il under ,,e protection Of the
~ In h. to
s,iiuencles of the genera g1yermen tho theory as
the principle rgo which il constructed the train Of
soning Inch shall use viii, rs think, apply. In Gibbons
vs. Ogden II was argued by Mr.. Webster t!ut the main OBJ
pee, o tie constitution 10 provide for una r:eaa-
lions Of trade between The States and witt, foreign powcrs
lie said lis. resolutions If virginia IN 1856 (which were the
immediate cause oi ihe crarcnioa, named NJ other This
view was sustained BY Judge johnson in the opinion which
he delivered in the IL also argued by another
lawyer in the that the right Of State ir- with
smother wls'a natural right existing under III w al
lions; in continuation Of which H. qa1lcd valie. he
might have done Gro,us other respectable authorities
the subcc. C'n sustained this view judge Mar
sai that "lhe constitution found il existing right
ani gave Congress the night 10 regulate IL H'th Wheeler
p. 2l) And Judge Johnson sac, ibid, T.. 22sl Were
every tw on the subject o repealed
all commerce waph be lawful ard in practice merchants
never inquire what is permitted, but what is fcraiiden
meree. This take it, is the undogb;ed ra!e Of national
law, and Judge Johnson only affirmed what all respectable
authorities upon this subject will sustain.
1t was also decided in this that protect this right
ol c STATES 10 trade with each other the power was given
III DelWecn the states ana
reign nations exclusive power. The State govern
nents, therefore, could not interfere with prohibit this
trade except in The necessary exercise oi their power 20
police and Inspection laws, which wa3 an exception
cagnsed in the decision According ~ the spirit of this
case the constitution designed give all the States equal
rights in trade with each ohe and with foreign nations
The power OF regulating Therefore, was given 10 Congress
procure uniformity in commercial laws; and II was 10 be
exercised discriminate against any, The property OF
any, but equal rights Ia al In
of Groves and Slaughter il well argid by Mr.
counsel, l. 81
cl1,ied the idea Of the right :" destroy rae In that case
court decided that Congress could prohibit the
trade between the States Tins in some degree an
oLitsr decision hut il mas been received by public opinion
tho senGant Of The and the law OF the land SUCH
presume will always be- its decision Ii Congress, then,
prohibit The slave trade between the States IL cannot
prohibit that trade either hy land II canro. pre-
slaves from being carried shiphnarA oter The high
from Norfolk 10 Ncw Orleans can H. if the trade he
lawful and beyond ,he rach al lis Prohibition prevent
sale .hirbosd Of ,at species oi ropcry nor il rights
thus transferred il refuse to project those rights and
afford remedies tor trying them! Ii this be how
can prohibit tc sale Of slaves ana avoid the consequent
obligations protect their rights in the territories lis is
dcrion not paramount in one case Than The Other It's
powers not greater in tha case than the other But
be said The free States may prohibit The sale :"
slaves within e borders 70 me extent o lhe necessity lo
doing exclude the Institution of slavery from being as
tened upon themselves, so may Congress do Inc SAME Will
in the territories
But must be- rccolectcl that their h: do 50 has been
decided exist under the police power resident in State Go
yernmcnts. This police power implies will and exs
these grow out of supposed conflict Of Interest be
tween this and the other States separate society But
in the Territories there separate WILL separate socie
y: 40 will 10 be felt in matters o law but that of the CON-
NOR government of all the States. The political being the
entity which this separate will must belong does not exist
there To suppose that il did would sanction cases which
would shock considcrae mind II this power eA
sed power discriminate for against the commerce
of the different States in the Territories Congress might say
TINT they would raise np This infant society 10 be manutac
urers and therefore hcy would permit the cotton cloth
of Massachusetts the iron of Penna vania 10 be sold there
They would have much right 10 prevent the sale of the
property in cloth iron in negroes But there Is one an
swer which concnsvc according 10 the decision they
could not prohibit this trade shpboad and on the high
seas; and if such police power existed 1t would exist as
much in reference the safety OF the crew as 10 the pacu
lar form of social organization proper III new Territory
Ii has said however that slaves cannot be- sold in the
w. as no property exist in slaves except by positive aw
know this idea is n II was first said by Lord
Mansfield think in the Somerset case, that slavery could
only exist by positive law. The expression has been repeat
"a even in our Southern courts ard sometimes by Southern
cnatnrs on this hoo And yet il may be pafi"ned The
.resunpon must say thai il is loose phrase which has
riyen ri to positive II well said by Mr. Web
ser in arguing the Groves Slaughter that there
i ~ law declaring slaves property any more than land
lis Peters 1867 1t said too according 10 the abs ''e
ruth n history BY Wallace of the counsel in the 50
nerset case natives brought from Africa 10 the Isl
Indies purchase made there, not because OF positive law
bu there being no law against it"Sate Trials, vol ~ p
Gg) As general rule there is positive law in England
this country creating property in anything The right 20