Ellsworth American., 1857-07-24
VERSUS
present Chief J ustice.

Every schoolboy is familiar with tn
''ciarsm ei rfncraiiie nomea" John Jay
Every lawyer chcrishes the profoundcs
dsferouee for the learning and authorii,
of him who was selected by Washington
10 be the first Chief Justice of the L nitct
States. Every citizen of the Republic is
. proud Of ,hc iiu~tri1us fame of hir
who.e proyerbial spotlcss private lif;
+ shell iastfe upon his splendid public
carer John JAY vas one of the very
/ plresi. noblcst aud wlsest of the fathers
Of tae Revolution aud Of the earlier days
ef the Constitution. II was the init
mate personal iIicnl Of anl the trusted
eoHllautial adviser Of Was iagton. -
fhe il shi'y, integrity. anl legal erudi-
t ton Of his Chief Jn.ticeship has never
h=eH cXcelled. even by tn. powerful
genius Of tha vcnr bile John Marshall.
or the various culturc Of the gentle and
Ian nted story. Chief Justice Jay was
tbs NJ c5npeer of President Washing
ton. But it were superauous to pro-
long cIlo,y of him w3nsa name nd life
: onH of the mos; golden characters of
oaf h~'ory. AMI uue of the zranlest in
aef.t44ee- .etl tp the prs nt.
II i therefore WITH no ordinary pride
anl graft cation that we lay before our
rnzdeaS hitter OF John Jay. which al
tl3a1h written wears a1o. eli etu llly dis
pases of Mr. Justice Taeey anl his assoc
e.afes "a the bench.
is ltter. as It's date shows, was
written during the controversy which
terminated in tac Miss ,ari c Compromise.
Bai il happlns to hut the very point
"a =l-siled by IA. Jilse> OF the present
ruuu. Hey have given their opinion
tat Congress clanlt c5urr5l the sub
JET Of slavery in the Territories. John
Jay considers that the authority of Con
Srts, 70 DO 50 is "nHquestiondble. =
fhHY have also given the revolving op-
inion that ncgrocS hqye no rigtts wiich
teiife ma are bo1at to res. 4eet. and that
our iat4er, thought 50. JllLe Tancy
4otes the Declaration Of Independence
the very clause OF it cited in Judge JAY :
letters j proc! of TINS caumny upon
the fathers. Marx hoN John Jay refers
To tn, clause. But 10 tae letter.
Dg' i" - % I ''s.st - v
l8th November, 1919.
"DEAR SIR: | have received the copy
Of eifeultr letter, which. as chairman
of the committee appointed by the late
pubic mechn5 at trenton. respecting
Slavery, you were pleased to direct to-
me- on the 9TH INST.
Little can b, aiiet to what has been
sad or written On he sntJ ct OF Slavery
concur IN the opin2n thAt 1t ought not
10 b. introduced nor permitted IN any
Of the NV s'a'eS, an4 that It ought To-
be gradually dlm'm>hedahd finally aboi-
Ished N ali oi them.
Il . me the cohStttatoaai ah hority
OF the congress 10 prohioit the migration
ami importation oi Slaves INTO any OF
the state does not appear qaestionahle'
"lh trSf article d! the Constitution
spaeiiies the icS''-al.Va powers committed
to the tonSr'NS' lht ninth section OF
that article hl' tAeSe words; " lhe M
grdtt}R or 'mP'rfa't'a OF snea person
II any ot tHe ma" tTt"tRJ states shall
taink proper 10 admit snail not be pro-
htbtte by the congress Prt1r to the year
iSo5, bat tax oF daf} may be imposed
on such mPof'ai'on' not exc 7odin5 ten
dollar Tor each p'rson'
II understand tn, sersc AMI meaning
ofthis clause to be. thai the power OF the
Congress, although competent TO prohibit
such igraI and importation, was not
to be cx-rei>ed with respect u the then
existing : atcs. and then only, until the
Year ls08: blttnat the Contre,s wor,. at
liberty tomakc such nr1hibition as TO any
new State which might IN tac IN AN time
established. ABd. further. that from
anl after that rod. they were au,hor.
led TO make such prohibition as to all
the Stats. whether new or old.
"lt will. presume, be admitted that
slaves were the persons intsn led. Tho
word sleeves was avoided, probably. on
accoun, of the czi,tlng liberation of Sla-
very, and its ,corlancy with the drin-
ciples of the Revelation and from a con.
sciuusucs, Of its ben, repusn mt to the
: Aa.,a..,rx -. ., ..,..- a. ,tz III =. -.