New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-05-25


[Federalist, No. AL So afterwards thought
Mr.. Madison himself, the great expounder of the
Constitution. rs Elliott's Deb 422.l
The Eastern States, Notwithstanding their
aversion to slavery were very willing to in
dulge the Southern States, at least with tenn
porary liberty to prosecute the stare trade,
provided the Southern States would, in their
turn, crafty them by laying no restriction on
navigation acts; and after very little time, the
committee, By cery great majority, agreed
on report, by tohich the General G0rern-
ment ,cas prohibited from preventing the i'm
portation Of slaves for limited time, and the
restrictive clause relative to navigation acts
was to be omitted [Sec Secret Debates, I'll.
The trainers of the Constitution were unwill-
ing to use the word slaves in the instrument,
and described them rs persons, and so describing
them, they employed word that would de-
scribe them as persons and which had uniformly
been used when persons were spoken of, and
also the word which was always applied to mat
tiers of property The whole control of the
sentence, and its provisions and limitations, and
the construction given to it by those who assist
ed in framing the clause in question, show that
it was intended to embrace those persons only
who were brought in as property.
In the debates which ensued on this clause,
Mr.. Ellsworth, one of the committee who re-
ported it, was for leaving the clause as it now
stands. LET EVERY STATE IMPORT WHAT IT
PLEAsEs The morality or wisdom of slavery
are considerations belonging to the States them
selves. JThat enricheS a part enricheS the
III IL. Al,
their particular interests. The old confedera-
ton had not meddled with this point, and he
did not see any greater necessity for bringing it
within the policy of the new ONE Madison
Papers, PIP 1889, 1911 Mr.. Wilson, another
member of the committee, objected g All ar
ticles imported" said he, 81 are to be taxed !;
slaves alone are to be exempted. This is, in
fact, bounty on that article" This clause
was referred to another committee, who modi-
fed it, by limiting the restriction to 1900. 1t
was moved to guarantee the slave trade for
twenty years, by postponing the restriction to
1900. This motion was seconded by Mr. Cor
ham, another member of the committee Mr.
Randolph, also of the committee, was against
the slave trade, and opposed to any restriction
on the power of Congress to suppress it, Two of
the committee, then, we ind were against the
slave trade, and tbree-Messrs Rutledge, Els
worth and Gorham-for perpetuating it. The
inducements which prompted the action Of
Messrs Ellsworth and Gorham to yield their
consent to the proposition, were Of the most ele-
waited character. They wished to throw no i'm
pediments in the formation of the Constitution
What was the language used by the chairman
| Of the committee and others in the convention ?
said Mr. Rutledge If the convention thinks
North Carolina, South Carolina, and Georgia,
will ever agree to this plan, Federal Constitu-
| ton) unless their right to import slaves be UNI
| touched, the expectation is vain. The people Of
these States will never be such fools as to give
up so important an interest Said Charles
Ptnckney, South Carolina can never receive
the plan tof the Constitution if it prohibits the
slave trade In every proposed extension of the
powers of Congress, that State has expressly and
watchfully excepted that of meddlipg with the
importation Of negroes" Madison Papers p.
1881
Mr. Madison answered these objections, as
urged by Governor Randolph and others, as
follows Il should conceive this clause to be
impolitic, if it we're one Of those things which
could be excluded without eucounteriug greater
evils Iic southern St9'tg icoald not lure
eatsyea into tie LHioa Of .inlerica without
the temporary permission Of that trade And
if they were excluded from the uniou, the con-
sequences might be dreadful to them and to us.
We are not in worse situation than before.
That traffic is prohibited by our laws, and we
may continue the prohibition The Union in
general is not in worse situation Under the
Articles Of the Confederation it might be con-
tinued fore by this clause an end may
be put TO ii after twenty years. There is,
therefore, an ameloration of our circumstan-
ces. tax may be laid in the meantime, but
it is limited, otherwise Congress might lay such
ii tax as would amount to prohibition From
the mode Of representation and taxation, Con-
gress can not lay such a tax on slaves rs will
amount to manumisson."
The acts prohibiting the slave trade recog-
nize slaves as property The trade was pro
tected by the Constitution and exempted from
the whole force of Legislative power The prin-
eiple by which the South enjoyed the benefits
Of this trade was protected by the Constitution,
formed basis of our representative system,
entered into our laws, and mingled itself with
the sources of authority. [see 4 vol Laws Of
United States, PIP, 96, 98,l
The liberty to import implies unqualified
liberty 10 sell, or hold possession of, Mt the
place of importation, This is the argument in
all it's amplitude, In other words, the act of pro-
hibition encouraged the Importation. These
propositions, it is believed, can be indicated
either by the legitimate meaning of the words,
or the theory of the constitutional powers Of
Congress. Where importation may have been
made with the direct view to sell or hold pos
session, does it not follow, by necessary Undue
ton, that permission for the former implies per-
mission for the latter
French THEATRE - The Orleans Theatre
closed last night with representation Of Meyerbeer'.
splendid opera Of The Prophet for the benefit Of the
chorus singers, who have materially and ably contr
buted to the Of the performances during the past
season, There unusually large and brilliant
assemblarn present who testified in very decided man
their approval Of the performances gave parting
testimonial Of regard to the management that now closes
and to the artists who depart We have rarely heard
enbel in better voice than he evening or been
pleased with the singing Of Borlas Madame Wide.
COED in her role She always ia and
Paoa nearly perfect The skating scene was not so for