The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-12-12

c'i'S" ieSio'ature IL seen acuveIy engage in
the work Of exciting the people of some of the
States, with which we are politically connected,
against our property and social order it cannot
be deemed extravagant or offensive to surnise
ahat there may be individuals in that body unite
capable of endeavorng to make the government
OF their own country subservient to the same
hostile designs. Nor is it at all improbable that
UGH movements should be instigated and en-.
eouraged by our enemies on this side of the
Atlantic.
IL is not now for the first time that the opjn
ion of MIR. 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, It was, with the correspondence which
led to it, communicated by Mr.. John Quincy
Adams, then Secretary of State, to the goyernor
of this State, who laid it before the Legislature
and they then, after mature consideration. ok.
pressly dissented from and repudiated it. That
opinion proceeds entirely upon the assumption
that, by delegatng 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 'nterposlon of the federal compact is not
demanded by Its purposes nor justified by IL.
terms, apd is utterly inconsistent with the safely
and even the distinct sovereignty of the State
This vie of the const tuition il strongly ann.
ported by the opinion of the Chief Justice Of
the United States, judcially delivered in a cause
which received the fullest consideration. and
expressed in the following unequvocal Ian.
guage ~ think it very clear, both upon prin.
eiple and The authority of adjudged cases, that
the several States have a right to remove from
among their people, and to prevent from enter
ing the state any person, or class, or description
OF persons, whom it may deem dangerous. or
injurious to the interests and welfare of its cit;
zens; and that the State has the exclu. live riobt
to determine in it's 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 prodnced
which gives, or attempts to give, to all aliens
the right to land in a State" "Icannot believe
that II was ever intended to vest in Congress
by The general words in relation to the reoula-
ton OF commerce, this overwhelming power
over the States; for if the treaty stipulation
before referred TO- can receive the construction
gwen 10 IL IN The argument, and has that com
manding power claimed for il over the States.
Then The emancipated slaves in the West Indies
have, at this hour, the absolute right to reside
- 'N""S, anu tiiihC anu tTlUe throughout
the Southern States, in spite of any State law 40
the contrary, inevitably producing the most
serious discomfort, and ultimately leading 70
the most painful consequences. II will hardly
be said, that such power was granted TO the
general government, in the confidence that IL
would not be abused. The statesmen of that
day were too wise and too we'll read in the les.
sons OF history and Of their own times, TO con-
Ter unnee essary authority under any such delu
SION. And | cannot imagine any power more
unnecessary TO the general government and. at
The same time, more dangerous and full of per;I
10 the States"
The committee submit for the consideration of
,he senate the following resolutions
Resotoed, That in the opinion of this lecsla.
lure, the law of this State to prevent freq ma
5roes and other persons of color from euterina
nto the same, does not conflict with the treaty.
IT commerce between Great Britain and the
United States, nor with the Constitution of the
United Stales, nor any law made in pursuance
hereof
hesofoed That II is inexpedient to repeal or
liter the said law ~
hesoiued, That his excellency the governor
'e requested, IN communicating the forepong
esolullons to her Britanric Majestys govern.
nent, through her consul, to assure them that
no i"N w WHICH exception mas been taken, was
passed and is maintained in no spirit Of unfriend-
mess to the British nation, nor from any desire
o embarrass their commerce, or to offend their
ust pride, but because it is deemed important
o the internal peace and security of the State:
nd also to assure them, in response to the init
nation, that our adherence IT, the obnoyious
equation may lead TO heavier impositions upon
he importation of our products into the British
omnions, that the people of this State are
rmly attached TO the principles of free trade
nd fully appreciate the pre- eminent i'm portspcs
# an unrestricted commerce with the subjects
# her Britannia Majesty. But highly AZ thew
alue this most important branch of their tr.ds
hey value still more highly the exercise of tbe;,
'wn untrammelled judgment in the selection of
he necessary and proper means for acquiring
heir own safety and welfare, not Inconsistent
With a due regard TO the rights of Others. n
hey are compelled to choose between com.
nercial interest," and an essential attribute of IN.
dependent sovereignty, they will unhesitatinolv
refer the latter and they believe that their
hoice viii command the appreciation and sym.
athy OF the government and people of Great
britain. A. MAzycK. cba;,r.n