The Woodville Republican. [volume] (Woodville, Miss.) 1847-1853, 1851-02-25

IHEtH M.N NNNAA - - - NNH
tied 10 their seat "a Csagfcs. Adniuing tbs
does the Courier believe thsiihe Congress nos
sitting ga constitutional body, or that the laws
Of an uneouaautionaily formed Congress are
legally binding upon the PeoPlsi The con-
altution expressly provides ,nai The SENATE
sAaH be composed oftwo Senator from each
State, chosen BY tAs Legislature thereof" We
therefore hold that when a Senator Is not elect
ed by the Legislature, he Is noia legal officer
that il be is permitted to take his seat the Sem
ate is an illegal body, and that the President
can not. consistently with bis oath TO protect
and defend the constitution recognize the
Senate as a branch Of the i~realy.making pow
er, or enforce the compliance Of a foreign go
yemmeni with any treaty made. A foreign
government could disregard the treaty and
plead in Justification, the illegally OF a co-or-
dinaie branch Of the treaty-making power OF
the United States. The local law Of a State
proyides the manner Of drawing and the quail
f~cations Of Grand Jurors, and ifa single Juror
is admitted contrary to law, The indictments OF
the Jury are null, and the plaintiff pleads the
illegally Of the Jury.
Upon the question of slavery absolutely con-
gress has no jurisdiction, further han to assist
a State in protecting it as property. Slavery
existed in the Colonies, before the formation
Of the federal government, and when the Col
onies became States, they reserved all control
over the institution to themselves. Slavery
having existed prior to the federal government
the learned Judge Tucker remarks:
} "Although the federal government can In no
possible view be considered as a party to a
compact made anterior to IFS existence, and by
which il was in fact created, yet, as the crea-
ture of that compact, it must be bound by it to
its creators, the several States in the Union and
+ the citizens thereof. Having no existence
, but under the constitution, nor any rights, but
what that instrument %coniers; and those very
, rights being in fact duties, it can possess no le-
Ultimate power, but such as is absolutely me-
cessary for the performance ofa duty prescri-
bed and enjoined by the constitution. Its du-
ties then became the exact measure of its pow
ers; and whenever it exerts a power for any
other purpose, than the performance of a duty
{ prescribed by the constitution, il transgresses
its proper limits and violates tho public trust.
Its duties being moreover imposed Tor the gen
eral benefit and security Of the several States
in their political character, and OF the people,
both in their sovereign and individual capaci-
ty, ifthese objects be not obtained, the govern
ment does not answer the end of its creation"
The attempt of the Courier to justify the en-
: actment of the slave-trade bill for the District
of Columbia, on the presidency of the avs
once in existence in Maryland and the Missis-
sippi territory, may be ingenious but it is abb
ortive. That bill is clearly in violation of the
9Th article of the amendment of the %constltu-
shall moi be imposed" The fine imposed by
Congress for offering a negro for sale in the Dis
trict of Columbia, is his freedom-which is GER
tainly excessive We have no copy of the law
of Maryland for 1896; but W are assured that
it was passed for the same object as was that
of the Mississippi Territory. The portion ofthe
l law of Maryland, quoted by the Courier, says:
4 ANY person brought into this State as slave,
contrary to this act, shall be free.n Now, til
certain that there were terms on which a slave
: could have been admitted into that State, that
were not contrary to the provisions of this act;
and we feel confident that the act referred tc
persons, imported from foreign places-not tC
O Slaves, introduced from sister States. The Cou.
n rier says; Congress certainly prohibited the
Il introduction of siaues for a certain period, int
the Mississippi Territory, and made the free
dom Of the slave the penalty.n We emphatic
ally deny that Congress did any such thing anC
d to convince the Courier of its error, we her,
d copy the law entire:
n "SEc. I. 1t shall not be lawful for any per
son or persons to IMPORT OF bring into TIE SAT-
.e mississippi Territey FROM Any PORT oN rEAc
II THE LIMITS OF THE UNITED STATE:
or to cause or procure to be so imported G
brought, or knowingly TO aid or assist in so i'm
T. porting or bringing, any slave or slaves, an
every person so offending, &c, shall forfeit an
NJ pay for each and every slave so imported
" brought, the sun of $500; one moiety for tn
use of the United States, and the other moiet
for the use OF any person or persons suing fl
the same every slave so imported or broueh
"A shall thereupon become entitled to, and receiv
y his or her ireedom.n
IT. The reader will not fail to perceive til at pc
in sons imported from ports or places without tn
to limits ofthe United States are explicitly r
IN ferred to-not as the Courier and the free b
us of Columbia say-dOmestie potts, A negro
nd Africa cannot be considered a slave, and Il
IN territorial law was solely intended to militia
he against the inhuman slavetrafiic, a; that tin
- We're in the habit of importing negroes fro
on Africa TO the British Indies aud Florida, and
to bringing them into this Territory, from tho
10, ports, as slaves. Our law was to break dow
this unholy trade, and to restore the unhapI
IN victim of Northern ~avaricc to his freedom, h
er country and his family, from whose bosom
had been torn.