Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-11-30


ed I, or excluded from the territorial limits Of the State,
md what terms and conditions any such persons shall be
allowed TO come be required depart Both these powers
are unquestonabe For centuries succession Of great
minds have been employed upon this subject of public law
Beginning with Grous in the 10th century, and ending
with our counyman Wheaton, who died in this city two
years ago, or with Lebe you please who still lives be-
eve there cannot be found any where of profound
WISE humane christian morass than these-men OF great
bodness OF mind restrained positive rules, seeking the
moral truth Of the great subjects they have discussed by the
best lights OF divine and human wisdom.
Yet not one OF hem far know, has ever doubted
that the powers which have mentioned ghuy exist, and
necessary for the preservation of every civilized State
There another principle equally clear and that s that
every state may and should exercise its powers for its own
and the advancement of the welfare of its
citizens.
Indeed, outside Of this exciting subject all these principles
not only unquesoned but they have been acted by
this Commonwealth and again, the acceptance Of
every body.
As early 1893 this Commonwealth passed law pro-
hibitng, under penalty, any shipmaster from lard
been, and now, The law What right had the State pass
this law The right protect its public peace and the per-
and property and morals Of its citizens and s
own discretion TO what persons from abroad might prove
Injurious to either
In 1880 found Ireland was pouring upon our shores
tide Of pauPesm and disease The victims Of centuries of
oppression and wrong hher seek relief and
Poor houses and hospitals emPed Of their contents
which, at the public expense, transported hhe Did
any man doubt the ghu authority Of the Legislature to
put stop to this soy that these persons however ground
down by oppression and distress home, not be thrown
upon our hands No one that heard of doubted it.
On tho contrary, very stringent laws were passed. which
have been struggling ever since 10 maintain against the
elusive power Of Congress over commerce What right has
the State pass these laws again. the right Of
selfprolec,on the right to determine what persons from
abroad shall be admitted to it's territory the right TO its
discretion, and consult the safety and welfare of its c
zens, in admitting or excluding them.
Let me borrow illustration out of this very subject Of
slavery We all know that in every savehodns State there
thousands Of slaves who from age disease inrmity
burdens Now, we have heard some angry talk
about retsaoy legislation. Suppose Carolina and Georgia
should pass laws that any such aged, diseased inrm
slaves desred with the Of their Daster
Massachusetts, they should be transported hher the public
expense. wonder if FreeSo Legislature would consider
itself powerless prevent this State from being overwhelmed
by such IN Eruption
have been attempting to illustrate what really requires
illustration The principles clear. Every sovereign State
has and have the right judge what from abroad
shall be mited and this and all other powers the State
bound for the safety and welfare Of its citizens
Taking abng with these principles ask you 60 back
with that Convention, which assembled in this city
the 9th day Of January, 1885, to consider whether this State
should abpt the proposed constitution. We in the pre-
Of ordinary assembly In the chair John Hancock
the Who in l775 threw his and bis fortune the
scale Of The Colony, the beginning of its with the
Crown and who, whatever else may be said Of him, al
ways the revolution. There Is Theophius Parsons
who has sounded oil the depths Of public and private law
There wal Samuel Adams not improperly called the Cato of
Americas bis whole soul filled with the idea Of human liberty
and popular rights upon whose the sounds Of the
at Lexington fell with sweeer tones than the songs Of birds in
that morning of spring There, too, Gerry and Varnum
and Gore Ames, and Bowdon and Sedgwck Of Stockbdge
the soldier the urs the ardent patriot The true philanhro-
p who by his professional exerons had just before struck
the last bbw negro slavery in Massachusetts, and crowd
Of able Just and wise associates fresh from the deep and in
liberty, which originated and accompanied and followed the
of the revolution The question is whether they
ignorant blind to their duty legislators, citizens and
men, to make, in behalf Of this Commonwealth,
il but overthrow and destroy the work
their hands. Let see:
In the first place, it known to them and is certain,
that the Union could be formed and the constitution
adopted without this article.
In the place. they believed and know that it was
impossible estimate the importance Of this Union and
this Constitution to the people whom they represen cd The
Confederation had proved poweress for good The public
debt the country, due chiefly to the officers and soldiers Of
the Revolution, of whom this State furnished large part,
could not be paid The ofhe country in dsor
DER Each Slate had its navigation laws and mpos and
already using these powerful and exciting instruments in
hostile to each other An instruction against the
laws in this State known Shays rebellion which ser-
ousy threatened only the existence Of Govern
men but the general peace Of the country and connect
ed with risings both in New Hampshire and Connecticut,
had just been queed with great difficulty. Great britain,
from whose grasp had escaped in open contest,
waiting prostrated by internal struggles and from
the great heart Of Washington extorted the exclamation
"What gracious God is man that there should be such
inconsistency and Righteousness in his conduct It is but the
other day shedding blood obtain the constu
tons under which DEMONSTRATIONS Of choice
and making and unsheathng the sword to
them. The thing unsccountable that hardly know
how realize it. to persuade myself that not under
the illusion Of dream.
This was the of public affairs under which, in Janu
s 1888, this Convention assembled They foresaw that
this great instrument presented for their adoption would
complish WHAT has accomplshed-ha it would form
perfect union-that it would establish juscethat it would
insure domestic ranquityha it would provide for the
common defence-ha would promote the general welfare,
and the blessings Of liberty to the people of this Com
monweath and their posterity.
On the hand the evils the other the benefits,
and they called upon to choose between them for the
people Of this Commonwealth during couatless generations
Now let US suppose that had been mad enough
great now and threaten to become ntoerabe these
benefits believe this constitution will perform for Massa-
chusetts all that il promises But deny tha,
sovereign and civilized State, has the righfu power
make this compact; for here 10 stipulation in it that per-
held service in States foreign to escaping
hither, shall be given M to be carried back again"
cannot pretend, fellowcitzens, to give any idea OF the
treatment which such objection would have received from
the great and powerful minds Of that Convention believe
they would not have left vesge Of it earth-no the
material make ghost Of to rise from regions below and
fghen Of their descendants But needs uncofn
ability and dscernmen to sufficient to this
objection
And what right have they here all against the will
of the Legislative power of the State And if their coming
here remaining here not consistent with the safety of the
State and the welfare of the citizens in the Of oil that