The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-06-10
SECRETARY CoBBs LETTER ON AFRICAN EMI-
GRAFTON. ss ~


syrsn into the Southern States, has attracted some
animadversion from small portion of the Southern
press. From the brief commentary upon 1t which
we copy from the Charleston Mercury, tho reader
win be able to gather the line Of objection which
these papers urge against it, We mean no dis
paragement to the known ability of the Mercury
when we say that its objection to the argument of
Governor Cobb is very weak and untenable one
1t certainly does not meet the reasoning of the Sec
rotary and we are at some loss to know how that
reasoning can be met at ALL and upon what grounds
any serious argument against its conclusions, be
based. 1t was the remark of DIR. johnson that the
wrong side of question was the only ono which ad-
mitted of the display of ability and ingenuity; a. fasc
positions tax the genius to sustain them, while
true ones are generally selfevident, leaving little
room or necessity for augmentation. We have yet
to see, however any display Of ingenuity ability
in tho advocacy Of the proposed African emigration
scheme, either AZ consistent with the laws of the
United States or demanded by the interests Of South
agriculture or industry.
There be escape from the language Of the law
oflso7 The law prohibits after lsOS the importation
of negroes from any quarter of the world, whether
to be held slaves, to service labor" as APP
prentices. 1t was the clear intendment of the law
Of Congress to prohibit the importation of colored
persons bound to do labor or service either for life
for any shorter period and candid debater will
contend that the object of importing negro emgrants
is anything else but to import negroes bound to do
labor service for some period longer shorter.
The only escape from this clear intendment of the
act of 1907 would be by attack upon its oonsttu-
tionality; though that would relieve the
duty is to administer the law it is written, and not
to the prcrogativc of the judiciary by nullfy
ing Interpretation Of it.
An assault upon the constutionality of the act of
1907, however, would be futile; for the law is in
strict conformity in its language and scope to the
precise provision of the constitution on the sub
ject The law could only be assailed as too general
and comprehensive in the description of persons
whose importation into the country prohibits not
merely African negroes, not merely negroes being
prohibited, but "mulattoes and 'persons of [anyl
color and nativity provided only they be slaves or
bound to service OF labor from whatever parts
Of the earth they may be brought. Yet, comprehen-
sive as its language is it is not so comprehensive
as the clause of the constitution on which it is
founded. That clause the general and compre-
hensive term persons" without limitation, restric-
ton, or qualification
1.-The migration and transportation of such PERSONS a.
amy Of the States existing shall think proper adj
nit shall not be prohibited by the Congress prior to the
year 1908 but tax or duty may be imposed on such
Importation not exceeding ten dollars for each person
This is the only limitation imposed by the con-
confers upon Congress over foreign commerce
and intercourse, importatons and expectations, 80
far persons concerned and in the limitation,
long ago expired, no reference is made to color or
place of nativity. That power is now general and
unlimited even by the local laws of the States and
whatever objection may be urged against the policy
Of the law, against the expediency of reposng in
Congress SO comprehensive power of exclusion as
to persons this, yet thus the law is written, "
and there is no escape from it except by repeal
1t seems to us that the distinction taken by the
Mercury between emigrants and Slaves cannot be
sustained The inquiry u.s. not whether these Africans
would come emgrats aues for in either event
they persons; but whether they would come bound
Ito service or labor' If they persons "of color
and come under obligations to render service OF labor
for but day, month, year, they come in express
contravention of constitutional law Of the land
That the emigrants proposed to be imported by
Messrs. LATTE T. Co. would come bound to service.
we are sure that the Mercury and all intelligent
men of tho South will be too candid to deny.
It would seem preposterous to present the n.y.
pothesis that these emigrants would come into our
ports as "free persons" Of color should almost
insult the intelligence Of tho country If We were to
advance tho supposition Of wild African savHges
lured or captured from the coast Of Guinea coming
to our shores free persons. Yet it is only this
monstrous pretension that the enterprise in ques-
ton could be countcnanced. Allow the hypo-
thesis, however and even then the scheme would
contravene the local laws Of every southern State
for every Of those States has enacted the most
rigid laws against tho admission of froe negroes
within its boundaries.
The schems is thus mpaled upon the horns Of an
unavoidable dilemma Either these African emgrants
would come bound ito service or labor or they
would come ~ "frce negroes" In the first case,
they arc prohibited by the act of Congress- in the
second they arc excluded from every southern State
and many States Of the North by local laws prohibit
ing their admission.
Under the violent supposition that they would
come as free peysons their importation into the ports