The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-12-10

Mr.. Writ, while Attorney General of the United
States, cited by Her Majesty's Consul, has been
brought to the view Of the Legislature. In 1924,
communicated by Mr.. John Quincy Adams, then
Secretary Of State, to the Governor Of this State
who laid it before the Legislature; and they, then,
after mature confederation expressly disssntsd
entirely upon the assumption that, by deleg ating
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. Ii appears to the com.
mittee that such an Interpretation Of the federal
tilted by its TERMS and is utterly inconsistent with
the safety and even the distinct sovereignty Of the
State.
This view Of the constitution is strongly sup
ported by the opinion OF the Chief Justice OF tie
United States, judioially delivered in cause which
received the fullest consideration, and expressed in
the following unequivocal language ~" think 1t
very clear, both upon principle and the authority
OF adjudged cases, that the several States have a
right to remove from among their people, and to
prevent from entering the State. any person or class
or description persons, whom it may deem danger
injurious TO tho interests and welfare Of its
citizens; and that the state has the exclusive right
to determine, in its sound discretion whe thor the dan
ger does does not exist free from the control of the
general government" "Notreaty or act of Con-
gress has been produced, which gives, or attempts
to give to all aiionsthe right to land in the State"
81 cannot believe that it ever intended to vest
in Congress by the general words in relation to the
regulation of commerce this overwhelming power
the Saes for if the treaty stipulation before
referred to receive the construction given to it
in the argument, and has that commanding power
claimed for it over the States, then the emsncpated
slaves of the West Indies have, at this hour, the
absolute right to reside in hire houses and traffic
and trade throughout the Southern States in spite
of any State law to the contrary, inevitably pro-
ducipg the most serious discomfort, and ultimately
Ian 30 thA fsIo I'll
hardly be said that such power was granted to
the general government in the confidence that it
would not be abused The states men Of that day
were too wise and too we'll read in the lessons Of
history and of their own times, to confer unneces-
sary authority under any such dsluson. And
cannot imagine any power more unnecessary to the
general government, and at the same time more
dangerous and full of peril to the States"
The Committee submit for the consideration of
the Senate the following resolutions -
Resolved That in the opinion of this Legislature the
law Of this State to prevent free negroes and other per
sons Of color from entering into the does not
ct with the treaty Of between Great Brtsz
and the United States with the constitution Of tho
United States, any law made in pursuance thereof
Resolved That pedient to repeal alter the
said law.
Re solved 7Ha, his Euc.ency the Governor be requested IN
communicating the foregoing resOtfoS 10 her BttanRe Ma
jestys government, through her Consul en that
the iGw TO ohch erc,on has been take passed and
maintained in spirit Of u,iendness 10 the British nsoH
from amy desire embarTass their commerce. offend
their gust pride but because rs deemed important the inter
MAJ peace ana security 81 me STATE ana also 10 assure them, IN
response 10 the intimaon, that ON adherence 10 the onoriots
regulation may ieadt heavier mposons upon the importation
Of products into the British domions, that the people of
This State firmly attached 10 he principles of free trade
and fully appreciate the pre-eninent importance Of
restricted commerce o The subjects Of her Britanc Majesty
But highly a. they value this most important branch
Of their trade they value still highly the exercise
of their untrsmmeed judgment in the selection Of
the necessary and for securing their
safety and welfare not inconsistent with due regard to
the rights Of others. they compelled to choose
between commercial interest and essential attribute
of independent sovereignty they will unheststpgly pre-
fer the latter; and they believe that their choice viii
command the appreciation and sympathy Of the govern
ment and people Of Great Britain
A. MAzYoK, Chairman.