The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-10


the instrument Hence the descriptive phrase migration
or importation OF persons the term migration allowing
those who scrupulOus OF acknowledging expressly
property IN human beings 70 view imported persons
specimen OF emgrants while others mig apply the tern
TO foreign maleactors coming into the country Ii
Is possible though not recolected that might have
had an eye to the Of freed blacks well as maleac
tors ' ...sa.... AZ. Nh.
But whatever may have been intended by the term mi
grafton or the term persons is most certain that they
referred exclusively TO migration Importation from
other countries into the United States and not
val voluntary Involuntary of slaves or reemen from
one to another part of the United States Nothing appears
or is reeoeced that warrants this latter intention Moth
ing in the proceedings Of the State conventions indicates
such construction there Had such been the eonsruc-
ton II is easy imagine the figure ii would have made in
many OF the States among the objections TO the eonsttu-
on and among the numerous amendments 10 proposed
by the State conventions not of which amendment Is
refers TO the clause in question Neither is there any
indication that Congress have heretofore considered them
selves as deriving from this clause power the mi
grafton removal Of individuals, whether reemen
slaves from State to another, whether old for
II must be kept in view that il the power given all
1t has been in force eleven years all the States exist
ing in 1903 and at all times the States then exist
ing Every indication is against such construction by
Congress Of their constitutional powers Their alacry in
exercising their powers relating TO slaves Ia proof that
they did not claim what they did not exercise. They
punctuay and unanimously exercised the power
ing in 1908 against the further importation OF slaves from
abroad. They had previously directed their power
American vessels the high against the African
trade They lost time in applying the prohibitory
be an inlet for slaves from abroad But they fobore to
extend the prohibition TO other parts of the Union They
had prohibited the importation of slaves into the Mis-
sissipp territory from iout the kns the United States
in the year 1885, without extending the prohibition the
introduction OF slaves from eii1 those limits although
at the time the ports of Georgia and South Carolina
open for the importation of slaves from abroad and in
creasng the of slavery within the United States
these views of the subject be just power in Congress
to control the interior migration or removal OF persons
must be derived from other than section o.
l-elther
all needfu rules and regulations respecting the territory
other property belonging to the United States from
Union. ~D.a
The in which the first of these powers expressed
though OF ductie character well be extended be-
yond power the territory property and power
make the provisions really needul necessary for the
government of settlers until ripe for admission States
into the Union. 1t may be inferred that Congress did not
tons contemplated by the constitution since in of the
territorial governments created by them is such inter
dict found The power, however, be its import what it
may is obviously limited to territory while remaining in
that character, as distinct from that of State.
AS to The power of admitting States into the federal
compact the questions Offering themselves are whether
Congress attach conditions the States concur in
conditions which, after admission would abridge enlarge
the constitutional rights of legislation to other
States; whether Congress can, by compact with
member take power either to from ITSELF place the
member above below the equal rank and rights pos
sessed by the others whether all such stpuations
pressed implied would not be utilities and pronounced
when brought to practical test 1t falls within the scope
of your inquiry the fact that there PROPOSE
ton in the convention discriminate between the old and
the States by article In the constitution declaring that
the aggregate number of representatives from the States
thereafter be admitted should exceed that of the
States originally adopting the constitution The PROPOSE
ton, happily rejected The effect of such discrmi
nation is sufficiently evident y
With respect what has taken place in the Northwest
Territory it may be observed that the ordinance giving its
distinctive character the subject of savehoding pro-
ceeded from the old Congress- acting with the best nten-
TONS but under charter which contains shadow Of
the authority exercised and it remains to be decided how
far the States formed within that territory and admitted
into the Union different footing from its other
members as to their legislative sovereignty. .
Whether the convention could have looked to the exist
of slavery at all in the nau States is point
which add little TO what has been already stated The
great object of the convention seemed be prohibit the
increase by the Importation Of slaves power to emanci
pate slaves disclaimed is anything recoected
that denoted view to control the distribution of those
within the country The of the northwestern terri
tory probably superseded by the provision against the
importation Of slaves by South Carolina and Georgia which
had not then passed laws prohibiting it. When the exist
of slavery in that territory prccuded the mpor
taton Of slaves wes rapidly going and the only mode
Of checking Ii by narrowing the space open TO them
is not unfair inference that the expedient You'd not
have been undertaken II the power a wards given TO ter
inmate the Importation Everywhere had existed been
even anticipated has appeared that the present Con-
gess never followed the example during the twenty years
preceding the prohtbttory epoch.
Under one aspect Of the general subject cannot avoid
saying that apart from its merits under others the enden
cy Of what has passed and lie passing fills with
slight anxiety Parties under some denomination or other
must always be expected in government as free as ours
When the individuals belonging them informing ed
In every part Of the whole country they strengthen the
union Of the whole while they divide every part Should
state OF parties arise founded geographical boundaries
and other physical and permanent distinctions which hap
pen coincide with them what control those great
repusve from awful shocks against each other