The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-06-30

on application of the Legislature or Executive
and the eighth section of the first article gives
Congress power to call forth the militia, to
quel instructions. There cannot, therefore,
be a concurrent power. The State Legsla-
lures ought to have power to call forth the
efforts of militia, when necessary. Occasions
for calling them out may be urgent pressing,
and instantaneous. The States cannot now
call them, let an insurrection be ever so peril
Gus, without an application to Congress. So
| long delay may be fatal-Pdge 3l5.
Mr.. G. Nicholas. Another worthy member
says there is no power in the States to quell an
instruction of slaves. Have they it nowq II
they have, does the Constitution take it away
Ii it does it must be in one of the three clauses
which have been mentioned by the worthy
member. The first clause gives the General
| Government power to call them out when
necessary. Does this take it away from the
States No; bat it gives an additional secu-
rity; for, besides the power in the State Gov,
ernments to use their own militia it will be
the duty of the General Government to aid
them with the strength of the Union when
called for. No part of this Constitution car
show that this power is taken away.
But an argument il drawn from that clause
which says that " No State shall engage in wal
unless actually invaded, or in such imminent
danger as will not admit of delay" What
does this prohibition amount to 1t must be
q war with foreign enemy that the States are
prohibited from making, for the exception to
the restriction proves it, The restriction in
cludes only offensive hostility, as they are at
liberty to engage in war when invaded, or in
imminent danger They are therefore not re-
strained from quelling domestic instructions,
which are totally different from making war
with foreign Power. But the great thing to
be dreaded il, that during an insurrecton, the
militia will be called out from the State This
il his kind of argument Is it possible that at
| such O time the General Government would
order the militia to be called IL is ground
| less objection to work on gentlemens appre-
tensions within these walls As to the fourth
article, il was introduced wholly for the par
ticular aid Of the States A republican form
of government il guaranteed and protection is
secured against invasion and domestic violence,
on application Is not this guard as strong
rs possible! Does it not exclude the unneces-
sary interference of Congress in business of this
sort Page 3lS.
Section g. The migration or importation of
such persons as any of the States now existing
shall think proper to admit shall not be pro-
hibited by the Congress prior to the year one
thousand eight hundred and eight; but a tax
or duty may be imposed on such importation,
not exceeding ten dollars for each person
Mr. George Mason Mr. Chairman this is
a fatal section, which has created more dangers
than any other. The first clause allows the
Importation Of slaves for twenty years Under
the royal Government this evil was looked upon
as great oppression, and many attempts were
made to prevent it; but the interest of the
African merchants prevented its prohibition
No sooner did the Revolution take place than
it was thought Of Ii was one of the great
causes Of our separation from Great Britain.
Its exclusion has been a principal object of
this State and most Of the States in the Union
The augmentation of slaves weakens the States,
and such trade is diabolical in itself and dis
graceful to mankind Yet, by this Constitution,
It is continued for twenty years. AS much as
value an union Of oil the States, would not
admit the Southern States into the Union, I'M |
less they agree to the discOntinuance of this |
dsgracetul trade, because it would bring weak |
ness and not strength to the Union And, |
though this Infamous traffic be continued, we |
have no security for the property of that kind |
which we have already There is no clause in !
this Constitution to secure it, for they may lay
such tax as will amount to manumisson.
And should the Government be amended, still
this detestable kind of commerce cannot be
disoon.,ouod I'LL afssr tho expiration Of .vventy
years for the fitch article, which provides for
amendments, expressly excerpts this clause.
have ever looked upon this as most disgrace
full thing to America. cannot express my de-
testation of it. Yet they have not secured us
the property of the slaves we have already 80
that they have done what they ought not to
a. l.
ought to have done"
Mr. Madison. MIR. Chairman, should con-
ceive this clause to be impotic if it were one
of the things which could be excluded without
encountering greater evils. The Southern
States would not have entered into the Union
Of America, without the temporary permission
of that trade; and if they were excluded from
| the Union, the consequences might be dreadful
to them and to us. We are not in q worse
situation than before That traffic is prohibited
by our laws, and we may continue the prohi-
bition. The Union in general is not in a worse
situation. Under the Articles of Confederation
it might be continued forever; but by this
clause an end may be put to it after twenty
! years There liz, therefore, an ameOration of
our circumstances A tax may be laid in the
mean time; but it is limited, otherwise Con-
gress might lay such tax as would amount to
u prohibition. From the mode of representa-.
ton and taxation Congress cannot lay such
tax on slaves rs will amount to manumisson,
Another clause secures us that property which
We now possess. AT present, if any slave elOpes
| TO any of those States where slaves are free he
becomes emancipated by their laws for the
| laws of the States are uncharltable to one an
other in this respect But in this Constitution
No person held to service or labor in one
| State under the laws thereof escaping into
| another, shall in consequence OF any law or
regulation therein, be discharged from suoh
service or labor but shall be delivered up on
claim of the party to whom such service or Ia
Dor may be due" This clause was expressly
inserted to enable owners of slaves to reclaim
them This is a better security than any that
now exists. No power is given to the General
Government to interfere with respect to the
property in slaves now hold by the States. The
taxation Of this State being equal only to its
representation, such tax cannot be laid as he
supposes. They cannot prevent the importa-
ton of slaves for twenty years, but after that
period they can. The gentlemen from South
Carolina and Georgia argued in this banner
"We have now liberty TO import this species Of
property and much of the property now pos
sosSed has been purchased or otherwise acquired
in contemplation of improving it by the assist
ance Of imported slaves. What would DO the
consequence OF hindering US from it, The
slaves Of Virginia would rise in value and We
would be obliged to go to your markets.
need not cxpatiate on this subject Great N
the evil is, ACKNOWLEDGMENT Of the Unior
would be worse. II those States should dis
unite from the other States for not includin,
them in the Temporary continuance of Thu
traffic, they might solicit and obtain aid from
foreign Powers.
Mr.. Tyler warmly enlarged on the ippolicy
iniguity and disgracefulness Of this wickGG
traffic. He thought the reasons urged by gen
tlemen in defence Of it. were inconclusive ant
ill-founded. 1t was one cause Of the complaint
against British tyranny, that this trade wa