Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1858-12-24
THE SLAVE TRADE AT THE SOUTH.

" of argument, or suspicion OF integrity to
Southern institutions. But VIC cannot SEE
how Southern men. believing the institution Of
slavery to be IIeaven-appoint and wise III
stitution. both for master and slave, denouncc
the introduction Of more slaves into the South,
rs an infamous crime.
We do not believe the slave trade with Africa
20 bea crime" except in that it violates law,
and thus comes under the general definition OF
the word ''crime" We do not believe that
there is any guilt in this trade violatire otmor,
al law. Ii is true Congress has enacted that it
shall be UNANIMOUSLY punished, and those who
engage in this trade are isgol criminals, but
We do not regard them as any worse than those
men who sometimes cvade the revenue laws {;
both are guilty Of violating law and both
should be punished when convicted
We hold that every man should obey the laws
so long as they are unrepcalcd, no matter what
NAV be his opinion as to their constitutonality.
But if we arc correctly advised, the late viola
ton Of the law against the slave trade was
made, not for the purpose of pccuniary gain,
bu. from motives Of different character
which, though these motives do not lessen the
amenabilty to punishment, they certainly mit-
gate the criminality Of the offence.
There are many honorable men who believe
the laws prohibiting the African slave trade
to be unconstitutional, but they know that
under the present state Of public opin-
ion in that section Of the confederacy
which has the power Of repeal, it would
be folly to expect the opinions Of Southern
men against the constitutionality Of the
law to have any weight and that so fur
as any relief from Congress is to be expected
it i hopeless. These gentlemen honestly
believe these laws to be unconstitutional, and
they know that repeal is hopeless, and that
their relief can only come through the Supreme
Court But constitutional points can only
arsc before the Supreme Court, through the
fundamentally Of "cGss," and case
involving the constitutionality Of these laws
can only arise out Of their violation
Thi, violation has been made. not from the
hope OF pccuniary gain, but as . means OF
deciding question which they believe involves
submission to an unconstitutional iand hence
no, binding) law. or dissolution OF the Union
10 avoid the consequences resulting from sub
mission to an unconstitutional precedent. They
may be criminals to lar, but they are not the
less patriots to the Constitution. Believing
that every violation Of the Constitution tends
to weaken its efficacy. they have elected crim-
nality in the eye Of the law. rather than sub
nit to what they believe to be a serious and
palpable violation of the Constitution. They
may be pirates by Congressional enactment.
but they are such without the amino .fNr1"di
which constitutes the gist of crimnalty.
Tae Constitution gives Congress the power
to define and punish piracics and fclonicS on
the hga seas, and offences against the law o!
nations" Now. buying negroes in Africa, OF
even stealing them there, is neither piracy or
felony committed on the high seas; it may be
felony committed on the continent Of Africa
but cannot be on 1.-The high seas. Under this
power Congress has declared that murder or
robbery, committed on the high seas. or
i'll any river, haven or bay, out Of the
jurisdiction Of any particular Statc-or any
offence. which, if committed within the body
Of the country, would by the laws of the
United States be punishable with dcath-should
be adjudsed to be piracy and felony, and pun
ishablc with death" This i, definition ger
Il l.. e ,,,I I'm,
the provision Of the Constitution. But. no. Sa-
,isficd with this definition Congress has cx-
tended piracy to include slave trading, and,
with the exercise of the same power, could in
cludc the trade in opium under the definition
OF piracy. The power to define piracy Is
not to say what offences shaN DC piracy, but
what offences IRE piracy by the tar Of aations
The trainers Of the Constitution never meant
that Congress should punish the trade in IN
cicli-ed negroes, while 1t protected the trade
in civilized negroes.
The African slave trade is not IAN offence
against the law of nations, for evcry nation
has at one time or another encouraged and pro-
tectcd il.
We instance these constitutional views to
show that there may be ground for faithfully
questioning the constitutionality Of the laws
prohibiting and furnishing the African slave
trade; and there are men, honest and honora-
bic who would derive no personal benefit from
the opening of this trade, yet entertain these
constitutional doubts, and who want their
doubts solved by judicial decision. They
have run dangerous risks; but this only at
tests their devotion to the Constitution, which
they believe has been impaired by palpabe vio-
iation.
The Washington States" asks: "If it be
allowable for shareholders to kidnap negroes
from the coast Of Congo, may not Aboltionists,
with equal propriety, kidnap negroes from the
frontier counties of Virginia"
The Constitution positively requires the rcn.
dition of fugitive slaves, and good faith between
the States forbids stealing. Blu, the gentlemen
engaged in the slave trade do not believe it
prohibited by tho Constitution, and i; is this
very question that the Wanderer case will
finally settle. We further quote from the
Estates:
slow can the South cxac: M observance Of the en-
yaenent for the rendition OF fug;ives when she de-
Cline. 20 recognize the statute tor the suppression OF
the .iaye.tradei Ii We practice the philosophy OF
h,,her.lawisn is Seward TO be blamed for its specu
is;iyc enunciu;on. In uncnlightcncd ages SNUG
Gin. was prasewor,hy pursuit at this day, and in
sbi country it involves the penalty personal dis
grace By Us much US the sla'e-tEade exceeds SIM
Die con,raband in the graduation OF crime, by so much
does the ivno.niny OF its association surpass the
odum attached TO the other.
If the slave trade has done no good, it has
at least accomplished what we considered an
.;l;l;,r. !, b,e h.rmonised tho Estates"