The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-02-19

the terms of the acts did prohibit the exporta
ton of firearms, or any other species of mer
chandise, the prohibition would be unconsti
tutional. Congress is expressly inhibited by
clause b. section g. article l, of the federal Con.
stitution, from such legislation. The inhibition
is in these words -" No tax or duty shall be
laid on articles exported from any State" II
this is not the effect OF this clause, Congress
may prohibit the expectation OF the cotton OF
rice Of the South, or of the Hour, or beef, OF
pork OF the West, or of the products OF manu-.
features of any section or State which, in high
party times, reckless majority may be disposed
to punish. 1t was to prevent this wrong, that
the constitutional clause cited, was adopted. Its
violation is fraught with infinite danger to the
country
And, besides, il is denied that the federal gov
eminent possesses any constitutional power to
do more for the preservation of neutrality, than
enforce the laws Of nations. II cannot, under
such pretext, declare that acts not forbidden by
the laws of nations shall be statutory crimes.
The laws of nations do not make the furnish
ing, in time of war, by subject or citizen of a
neutral power, of arms, munitions OF war, or
provisions, to belgerent power, or to peo-
pie engaged in rebellion or in a political revolu-
ton, violation Of national neutrality" II a
trader chooses to encounter the risk of aiding a
beigerent by furnishing articles contraband of
Of war, he can do soy That risk is the con.
demna,ion of the contraband articles il captured
by the other beigerent.. They say that in time
of peace, an American trader, or Spectator"
if you please, shall not sell and ship, firearms
as merchandise, because, forsooth they may be
used TO effect a revolution, or in a war that may
break out, and that such results would make the
sale and shipment violation of our national
neutrality" is absurd Nor can Congress bor-
row from the constitutional power " to regulate
commerce with foreign nations" clause 8, sec
ton 8, art. !, Const u. S., any right to destroy
commerce not inhibited by the laws of nations,
under the pretext of preserving national neu
trality."
When the constitutionaity of Mr.. Jefferson's
embargo measure was disputed, it was not de.
Tended on the ground of being measure neces-
sary to preserve neutrality, but as rightful I'M
der the clause last cited, and under the Uar
po,oer"-as measure of just retaliation on both
belligerents for outraging our neutral rights
We are anxious to sell the muskets to Euro
pean republican patriots Irish, Hungarian, Ital-
ian, Austrian, German, or Russian-and if the
government of the United State nterfsres to
prevent it, we intend to test the questions above
stated, and ascertain whether the Supreme
Court Of the United States will decide that
Congress under any power delegated by theCon-
stitution, can create new code of national mo-
rality, not known to the laws of nations under
the pretence Of preserving the "national neutral
ity." If Congress possesses such power, it may
in despite of the constitutional declaration that
it 'shall make no law abridging the freedom of
speech, or the press" assai the press and under
the same pretenee of the necessity of preserving
the national neutrality" fine and imprison you
for every copy Of the Herald sent to Europe,
calculated to irritate Louis Napoleon, or Francis
Joseph, or Nicholas, or which may excite the
people to resist despotism. Such articles are
as dangerous to the absolutists as arms The
ridiculous ideas some appear to entertain res
pecting the character AMI extent of neutral obi
cations, not only tend TO the usurpation by Con-
gress of legislative powers unwarranted by the
federal Constitution, but they lead the most
pernicious effects on the mechanical and CONNER
cial industry and enterprise of the country Other
governments do not countenance. suchlnonsense.
But for the course Of these over prudential law.
makers, and the narrow and cowardly policy
they maiotain, hundreds of thousands of Ameri
can arms, cannon, muskets, rifles, pistols, swords,
&c. would be annually manufactured for, and ex.
ported TO, and sold in foreign countries That en-
terprising American inventor Samuel Colt, has
| been cons rained 10 establish manufactures for
his revolyers in England, and in Europe, lest
his expectation of them from this country, for
sale, might subject him to a prosecution for a
violation Of The neutrality laws"
| Again-when we purchased these muskets,
the government well knew there was but one
class of PENSIONERS TO whom we could sell them.
These one hundred and fifty thousand muskets
and bayonets could not be sold TO the several
States, as they are annually supplied with arms
by the War Department. They are not fit for
citizen sportsmen-they are instruments Of war.
The government were not ignorant Of the OBJ.
ject OF the purchase, and where and 10 whom we
expected TO sell them. 1t certainly did not de.
sire us to sell them to arbitrary governments,
to aid in crushing those who were fighting for
liberty. II could not have anticipated any sale
for revolutionary purposes in this country. The
purchase by US was notorious. Our purpose
was well known Il was avowed thai Il was 10
export and sell them TO European patriots. IL
was commented on at the time, in more than
one newspaper Of this city, and If | mistake moi
was mentioned in the Herald Ard vet there
are those who would excuse the federal author.
tiles for committing the palpable fraud Of pre-.
venting US from exporting them 10 sell 10 Others
and advise the adoption Of such measure.
shall only say that these arms will not be sold
or exported clandestinely When scld, the fed
eral authorities shall be advised Of the intended
exploration IL the statutes are as the neutral.
ity croakers say, II is high time that Cong ess
abrogates or revises them. Neutrality, Il has
been said, is the weak resort Of weak nations.
The rules alluded to as being maintained BY
some in the United States do not spring from
dictates OF Justice-they are not TO secure that
honorable neutrality originating in principle
Of duty, but they spring from craven timidity,
and end in selfdegradation Of the most humili.
ating character, sacrificing the interests of our
artisans and merchants, and, in fact, of every
class OF ourcitizens. They tend TO provoke in.
suit to our government and tempt TO spoliation
Of the property, and outrage Of the rights of our
citizens by foreign powers. We have already
twice seen foreign fuDctionaries impudenty re.
proach our government for alleged non-enforce.
ment of its own statutes, called the "ueutraIity
laws" when such functionaries could not find
anything In the conduct Of the citizens complain.