New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-21
,rsutoD., The mrsss,p.iSs hsA Of equality Of sbe


How Gomez il tbs. tbe President does not ct oooe
dsnoupce thu unequal exercise OF The tut power oil
TIE Government over the foreign commerce OF the
States Gil eD5esvor 20 bfoe the dess OF cousyer-
ca d hcy entertained in particular States upon allied
linden 1sent States p One would infsr from this
kpgusse Of the President, tbs. we had Constit o.
tOpsl Government; that we still lived under the Coo
federation; that the commerce OF this great country
mon the land ard the not under the Ell )usve
control of Esiiops Cover nent bat v1 subject -
be ,overegny ADD colictn regulations Of thiryone
allied InaepeDdtIt states.
cont all such dognas rejoice 70 day in the as
surapce that deepse the Presidents aise stafene as
and falfe logic, We have Nsonsl Government fully
empowered by the COLs tuition 70 regulate Hsirely
betr the several Srstee OF the Uoon and through
out the National Tentores- Every American citizen
knows that the c numerical emosrs,sment1 OF the
O. untry after the es'sbbhment 81 independence ars-
ing out Of the letting o>mmeTci regulations of the
States under the Confederation, contributed more thai
spy other cause 10 the fornstion of the Constitution
Who will forget the noble action OF Vreiniaia 1886
Virgins, the mother of dead heroes, and desd psyots
aid dead Statesmen, but thank God the mother also
Of living Republic and living Constitution. When
Virginia, in 1886, appointed Der com missioner in
s'ructiIg them 10 meet such commissioners a. the other
Sises Of the Union should appoint to take into
"sideration the trade and commerce Of the United
"SiGes' she took the first great step toward the
formation Of that more perfect Union and free written
Constitution under which we live. Sir that Constitution
ordained and estabhed by the people of the United
States 70 establish justice; TO provide for the Common
defense 70 promote the general welfare; 10 insure do
mestc uaI qali y; to protect industry TO regulate
commerce, and to secure the blessings OF liberty and
Let 10 form mere alliance Of independent States
with On equary Of right as States, 10 ens!are rlsa
within and without their respective Jurisdictions.
But, rays the President the States are eq1al, and
have each and all States, equality Of rights. The
several States are equal in respec; OF all the great and
efentsl rights Of free Commonwealth in respect of
all rights sanctioned by the Constitution and ant
with its spirit; they each and all under the Copsu-
ton have the right 10 do whatever Free STATE may
of right de- except that they may not exercise any
Of the powers granted by the Consultation exclusively
10 The General Government But have yet to learn
that ally State formed under and by vtae Of the Con-
stitution may Of rtgh eLslave it, own children. and
eel hem like cattle IN the shambles The Constitution
does not provide for the erection and admission into
The Union Of such States does IL admit the exist
ence Of such tyranny within the Territories whereis
jurisdiction is exclusive. The States, say, are equal
under the Constitution, in the night within their respec.
tive limit TO establish justice to promote the general
welfare and to 10 each and every person therein
the absolute enjoyment of the rights of human nature,
which are as iOperi,habe a. the human soul, and ss
universal as the human race. But the States are un
equal in the right do wrong, if may be allowed the
paIadox-in the privilege 10 trample upon tue Unborn
tights of humanity and 10 violate that principle Of
eternal justice which requires that every man shall re-
ceve bis due. The original States not under the Con
siitution ner by force Of the Constitution, but indie
pepd nj of it, retat ed TO themselves monopoly in the
bord crime of Slavery within theI respective limits,
and also in the slave traffic for twenty years upon the
high seas.
This reservation Of privileges by the original States
this inequality between them and the new States
rmed ander and only by force of tle Constution-is
written upon the face o. that instrument and dec ed
by the National Legislation in the erection and adnis-
zion of new States. The constitutional provision for
,hreefh representation based upon slave population,
al also the provision for the recapture of slaves es-
Gaping from State into another, implied an excu-
sion Of the Genej Government from an interference
in tha MI
These two provisions are, in fact implied limitations
upon the power Of the General Government, for the
eIclusire benefit of the original States So. aso the
ninth section of the rt ant Gle OF the Constitution was
an express limitation of the general power of Congress
over ibe foreign commerce in slaves for the etcusue
benefit of the then existing States That section is in
these words:
"Tbe pston or importation Of such persons ANY OF
States SOW shall think proper 70 admit shall not be
D,oh,sd by CoSGREss prior TO the 1853 but IA
duty be mpO'ed Oh suoh '"po'd0a not ."
This express limitation In favor Of the original
States was absolutely necessary If they would continue
the foreign slave trade after the adoption OF The Cou
sttuiion for the reason that The Constitution was de-
cored "to be The supreme law of the land, the Consi
Tuition al Laws of an State 10 the contrary notwth
"sisndipg, and by its terms the exclusive power was
granted to Congress TO regulate foreign commerce
even 10 prohibition which included navigation ana
intercourse ss well trade the importation or con-
merce in slsves well the importation or commerce
in q o6s That all Of these limitations up IN the power
OF the General Government, whether implied or ex-
pressed fer the trcHare Dement'S OF the Statee
then existing cannot be gainsayed, and therefore the
power OF Congress was not thereby res aimed IN legs
atng for the government of The IrrltoIes or for the
institution and admin into the Union of new Safes
Tie ATTEMPT was made in the constitutional Conven-
tion 10 secure 10 the nec STATES which might be here
AFTER admitted into the Union the same privileges thus
retsned by the orgiua States but II failed Ga the
18th Of August: RoPosOn TSs msue the IN 'a adj
m,ssson of new States ION the same terms with the
original States" Is Elliots Debates, P. 493.) Inis
pIopt ston was rejected, and the provision adoptei
and il serted in the Constitution as It Dow stands, that
"rew States mag be admitted by the Congress into
this Union" Why were the words upon the same
Germs with the original States rejected By the Con-
v,ntcn and EXCLUDED from the Constitution! Mani
.stly TO declare plainly and distinctly the Intention OF
the trainers OF the Constitution tn new States should
not come into the Union Of rign and upon the same
,eyps with the original States but only by the consent
of Cong ess upon suoh terms, and under such resIic
tons as would subject them to the spirit OF the Cohsti
tu,ion not only as il was originally framed snd
adopted but also it might be thereafter amended.
This constructions Sir, of the Constitution that Con-
ere,s in the organ Zaton and admsi)n OF new States
ninht mpose conditions upon them 10 which the orig
ps States ere subjected by requiring them 10 Goa
form their dome site institutions TO the Constitution IN
all respects has been affirmed and sanctioned oy Tue
lev slatve executive and Judicial departments oi our
government from the day OF lts organization.
IL. II be borne in mind Sir that on Tho 29,h day OF
August 1857, when the Constitutional Convention tad
the report OF IFS COMMITTEE pIoVlulDg loi I1e auHs
sion of new States under consideration and rejected
the provision for their admission on the same t"rms
with the original States the Vrdo parse oG the
18Th of July, lS, by the Congress of the Coz f~iera
ton for the government Of the Northwest Territory
was in full force that it the Law Of al the national
Territory, and provided for the erection of Hep
Sfaf,, ibe,ein and for their admission into the
Union Of the Confederation ON an eqnal footins
with the original Sts:es in al respects whsteyer,'
but subject nevertheless TO certain terms Good TONS
and Ies;riCops which ere not imposed upon The on
gua States These te ms conditions and restrictions