The southern press., 1851-12-13


he work of exciting the people of some of the
States, with which we are politically connected,
'gainst our property and social order, it cannot
De deemed eXtravagant or offensive to surmise
that there may be individuals in that body quite
capable of endeavoring 10 make the government
Of their own country subservient to the same
hostile designs. Nor is it at all improbable that
uch movements should be instipated and en-.
outraged by oar enemies on this side of the
Atlantic. ..."."
II is not now for the first time that the opin-
ion of Mr.. Writ, while Attorney. General of the
United States, cited by Her Majestys consul,
has been brought TO the view Of the legislature.
10 1924, it was, with the correspondence which
led to it, communicated by Mr.. John Quincy
Adams, then Secretary of State, to the governor
of this State, who laid il before the Legislature;
and they then, after mature consideration, ex-
Dressly dissented from and repudiated it. That
opinion proceeds entirely upon the assumption
that, by delegating to the federal government
the power TO regulate commerce and to make
treaties, the several States Invested themselves
of the right to exclude from their respective
territories such persons as might be deemed
dangerous TO the security and welfare of their
people. IL appears TO the committee that such
an interposiion of the federal compact is not
demanded by It's purposes nor justified by its
and even the distinct sovereignty Of the State.
This vie y of the const tuition is strongly sup
ported bv the opinion of the Chief Justice Of
the United States, judicialy delivered in cause
which received the fullest consideration, and
expressed in the following unequivocal Ian
guage - think il very clear, both upon prn.
'pe and the authority of adjudgcd cases. that
he several States have a right 10 remove from
'mong their people, and TO prevent from enter
ing the State any person, or class, or description
Of persons, whom il may deem dangerous, or
injurious TO the interests and welfare of its ct.
zens; and that the State has the exclusive right
10 determine in its sound discretion, whether
the danger does or does not exist free from the
control of the general government" "No
treaty or act OF Congress has been produced,
which gives. or attempts 10 give, 10 all aliens
the right TO land in a State" "Icannot believe
that il was ever intended to vest in Congress,
by the general words in relation to the re- .ula.
ton Of commerce, this Overwhelming power
over the States; for If the treaty stipulation
before referred TO, can receive the construction
given to 1t in the argument, and has that com.
handing power cl1mcd for il over the States,
then the emancipated sIve. in the West Indies
have, ut this hour, the absolute right TO reside
in, hire house,, and traffic and trade throughout
the Southern States, in spite Of any State law 10
the contrary, inevitably producing the most
serious discomfort, and ultimately leading 10
the most painful consequences. Il will hardly
be said, that such power was granted TO the
general government, in the confidence that IL
would not be sbused The statesmen OF that
day we're too wise and too well read in the les.
sons Of history and Of their own times, 20 con-
fer unnecessary authority under any such delu
sion. And ! cannot Imagine any power more
unnecessary TO the general government. and. 1t
the same time, more dangerous and full Of peril
to the States"
The committee submit for the consideration Of
the senate the following resolutions:
ReSotred, That in the opinion Of this legisa-
ture, the law Of this State to prevent free ne.
groes and other persons of color from entering
into the same, does not conflict with the treaty
Of commerce between Great Britain and the
United States, nor with the Constitution Of the
United States, nor any Law made in pursuance
thereof
Rcsoired, That il is inexpedicnt to repeal or
alter the said law
ReSolred, That his excellency the governor
be requested, in communicating the foregoing
resolutions to her Britannia Msesty's govern.
ment, through her consul to assure them that
the Law to which exception has been taken, was
passed and is maintained in no spirit of unfriepd-
liness TO the British nation, nor from any desire
to embarrass their commerce, or TO offend their
just pride, but because il is deemed important
to the internal peace and security of the State;
and also TO assure them, in response TO the init.
nation, that our adherence to the obnoxious
regulation may lead to heavier impostions upon
The importation of our products into the British
tominions, that the people Of this State are
firmly attached to the principles of free trade,
and fully appreciate the pre-. eminent Importance
OF an unrestricted commerce with the subjects
Of her Britannia Majesty But highly as they
value this most important branch Of their trade,
they value still more highly the exercise Of their
own untrammelled Judgment in the selection of
The necessary and proper means for securing
their own safety and welfare, not Inconsistent
with due regard to the rights Of others. IL
hey are compelled 10 choose between q CON-
mercal interest, and an essential attribute Of in
dependent sovereignty, they will unbesitstingly
| prefer the latter; and they believe that their
choice will command the appreciation ard sym.
pathy OF the government and people Of Great
| Britain. A. MAzYcK, Chairman