The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-01

had the right expel Mr. Yates not is understood
that there will be large array Of legal talent both
sides, and the trial. both from the nature Of the issue aud
the position OF the parties, viii possess great interest
The Attorney General has been retained for the
Of the Garrlck Club. Mr.. Edwin James, O. c. is TO lead
the case on behalf OF the plaintiff, Mr. Edmund Yates.
The Slave Trade In the South Carolina Senate.
CHARLESTON, Nov. %, 1858.
The interest felt in the of the SLAYER Echo
be tried in the Federal Court district has made
itself manifest thus early in the Senate Of the State the
following resolutions, introduced that body by Sena
tor Mazyck:-
Resolved, That the United States contains
amorg foreign nations and therefore an Congress pur
porting TO prohibit interfere with the trade
foreign countries are unconstitutional and have rghtfa
Resolved That the Congress declaring the slave trade
70 be piracy 4 be understood as affirming that piracy in
What Is no true ana nasmuch as pnrpors aud intends 70
convert into piracy what not so In the nature Of things and
null and void.
These resolutions coming up for debate under the spe
cial order, Senator MAzycK said -
Mr. President-Of the powers delegated by the con-
stuton 10 the government OF the United States there
are but three by which the right prohibit any descrp.
ton of trade be Inferred One the power given to
Congress TO regulate with foreign States an.
other - the power punish piracy and other offences
ned on the high seas and the third is that provision
the constitution which, il relates express terms ex
clusvey 10 the importation OF slaves into the United
States has no Application the now before U.s.
The power OF the government OF the United States
Inc piracy, and to punish il felony, will proceed to
notice when consider the second resolution, and will
now come at Mr. President the question of the pow
or OF Congress TO regulate with foreign nations
The pam Interpretation Of the constitution appears 10
me 10 be the delegation the government OF the United
STATES Of the power to regulate the between
the United stales and foreign nations. II, therefore,
assume that the power 10 regulate includes the power
prohibit, would confer the government the power
prohibit the slave trade between the United States and
foreign country. But the resolutions introduced into this
: tp
acts Of the general government the slave trade between
our own states and any other nation They only
the fact that IL not constitutional within pro-
vince OF Congress TO prohibit that traffic between two
foreign countries No commentator the constitution Of
the United States so FAR as have discovered to
have taken up the question how far the power
fcrrcd on our government TO rguatc between
tcrfere IN the commerce carried between other
countries distinct from Justice Story however
does touch indirectly this feature Of the question,
when after stating his 10 show that the
regulate commerce included navigator he sums up
BY saying" This rover the constitution extends 10
commerce with foreign nations, and among the
several States with the Indian tribes. In re-.
gard 10 foreign nations, IL is universally admitted
that the words comprehend every species Of commercial
intercourse. No sort Of trade intercourse be-
red GA between this country and another which II
does not extend 50 that justice story plainly understood
this delegated power to refer only 70 the be
tween the United states and foreign countries and
the commerce between two foreign nations. Now, there
are act q Congress which purpose 70 interfere with the
slave trade carried between foreign countries and
We have al the present moment waiting for trial 10
this district, IN which the Officers and crew q vessel
charged with carrying the trac IA slaves between
the II Africa AM the island Of Cuba. IL il the
Of such acts alone that il denied
In the resolutions before the senate Mr. President
IN my humble judgment, IL i grave question,
and one tina, 1 open H. serious doubts, whether
the power TO regulate commerce includes the power
TO prohib. any branch of trade whatever. But that
point that Ia lcit und lstgrbed by these rcsolu-
tons which simply declare iat the power TO regulate
commerce does not extend ~ commerce between two
foreign nations, ana therefore cannot include the prohibit
ton " the slave tra4e between foreign nations. While,
therefore se cotefa'n grave doubts - - the right
81 Congress 70 infer the power y pohoi any G.le from
the constitutional power 70 regulate commerce between
our and any other country shall srer that feature
~ the question 20 pass unnOtced at "a ime, aud shall
myself g. the position that such power docs not
include the right 10 regulate conmerce between foreign
nations and that when the Congress q the United states
on between foreign countries 4 assumes an authority
u has 10 title q excrcise, and commits an al OF
ration Tor which has Constitutional jusica-
ton. | shall proceel, Mr. President, 10 briefly
consider the second resolution before which denies
the right Of Congress 10 make any act % piracy
which was not clearly embraced as snc ~ The words or
the Of the constitution Nhsn the constitution OF
these states wa adopted the slave trade was a. egti
mate ~ the trade ~ wool ~ coic. or ~ tobacco II was
legitimate and innocent trade. recognized such n
The time BY al men; and The power delegated % Con
regulate ~ n be interpreted into the
CHIT 60 make act q piracy TO carry on that
trade between countries whatever then must
Congress surely have the same right at oIton make
The trade In coffee WOO tobacco act of piracy like
wise. When the constitution adopted. t well
ders,ood What constituted The crime q piracy u was
conferred on Congress the power & define piracy.
There must BE-, doubtless, some certain rulc
10 distinguish what 5 robbery on the high seas;
and II proper that Congress should have the
right point what o violence aud robbery should
within tho definition q thai offence But the power
10 define Is tbngthe power 70 create another Can
DC imagined pretended that under the power 70 de
fine piracy intended % confer ths government
the power 10 declare any act act Of praoyS Con.
gres really psse-sed 80 power 70 make the slave trade
between Africa and Cuba piracy. would have the
IL ma ka
tween Louisiana and virginia. by way q the sea. II
has the right " declare a. ac q rraey 70 convey
slaves between tho African aud Cuban coasts, what
deprive Of similar right in relation ~ the transport q
slaves between the Chesapeake hay aud the Mssisspps
am utterly al perceive how any person point
oct distinction between the two cases And not only does
the exercise of the power imply the right 70 make the
slave trade, when carried on ~ Sea between tle states
an act u piracy, but u implies also tie right T. de-
clare the trade cotton an act Of piracy, whenever
tha article put into ship our ports and carried over
the hig 10 any other port IN Tho world let Il al
WAYS h. borne ia MUD sir that have right " consi
der thc trade innocent and legitimate any
Other trade II was moro 50 ~hcn the constitution Of
these states adopted than \ y " we concede
this ami also admit that Congress has the power 70 de
clare this innocent and legitimate trade piracy then must
yield to Congress an unlimited power--an absolute des
Tot sul-oyer the whole commerce. Of the nation Then
must We hold the citizen steps into ship
and sails forth the high he Is at the mercy Of
Congress that at rs vii convert any act Of his into
the crime Of piracy and make felon q him For, sir
eonccde 70 the government Of the United states
the powers that disputed and denied m the resou
tons now before then acknowledge that under the
constitution power all mon and All things on the
blgh seas 4 unlimited with these remarks sir submit
the resolutions 10 the action OF the Scnate.
Scnatnr B,yAx--Mr President, hivc no observations
10 oor Al this time on the merits q the resolutions now
beore re- hut am ~ opinion that the senate Is not nov
ready Tor the question hsr adoption, aud therefore
ro that tho further consideration OF the special order
Ia postponed future day, " be named al the con-
venience Of the senate.
Senator n b. wnsoS-Mr. President, the question in
VOWED In the resolutions before Is one q no little i'm
portance involving as II does, our relations with the
federal government prefer that the resolutions should
take the regular course aud therefore their ree
rercc ~ the Committee Federal Relations
M .rM a ~.