Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1858-12-08


the power to p1ntDH the slave trade bctwc
= !. the United States and foreign country. B
, the resolutions introduced into this body,
not say that it is unconstitutional TO prohil
by acts of the General Government, the sla
trade between our own States and any 9th
nation; they only assert the TACT that it is n
Constitutional, nor within the province of Co
gress, toprohibit that traffic between two loreis
) countries.
No commentator upon the Constitution Of Il
!, United States, SO far as have discovered, seen
to have taken up the question as to how far Il
power conferred upon our Government to req
late commerce between these States and TO
eign nation, includes the right to interfere in ii
commerce carried on between two other coul
tries, distinct from our own. Justice Stor,
however, does touch indirectly on this featul
OF the question, when after stating his reason
to show that the power to regulate commerc
included navigation, he sums up by saying
" This power the Constitution extends to CON
mercc with foreign nations, and among the sey
eral States, with the Indian tribes. In rcgar
to foreign nations, it is universally admitte
that the words comprehend every species {
commercial intercourse. No sort of trade o
intercourse can be carried on bctueen his coua
t1y and another, to which it does not extend
SO that justice Story plainly understood thi
delegated power TO refer only to the commerce
between the United States and foreign coun
tries, and not to the commerce between twt
foreign nations. Now, there are acts of Con
gross which purpose to interfere with the slav,
trade as carried OH between foreign countries
and We have at the present moment case
waiting for trial in this district, in which the
officers and crew OF q vessel are charged Will
carrying on the traffic in slaves between the
coast of Africa and the island of Cuba. 1t is
the constitutionality'of such acts alone, that j:
denied in the resolutions before the Senate.
Mr.. President, in my humble Judgment it is O
grave question, and one that is open to serious
doubt, whether the power to regulate commerce
includes the power to prohibit any branch Of
trade whatever. But that is q point that is left
u1disturbcd by these resolutions, which simply
declare that the power to regulate commerce
docs not extend to commerce between two for
cign nations, and, therefore, cannot include the
prohibition Of the slave trade between foreign
nations. While, therefore, I myself entertain
grave doubts as to the right Of Congress to infer
the power to prohibit any trade from the Con-
sttutional power to regulate commerce between
our own and any other country, shall suffer
that feature of the question to pass unnoticed
at this time, and shall confns- -mYself. to the DO;
and that, when the Congress of the United
States assumes to pass acts that interfere with
any traffic carried on between foreign countries,
it assumes an authority it has no title to cXcr-
csc, and commits all act Of usurpation for which
it has no Constitutional justification.
shall now proceed, Mr.. President, to briefly
consider the second resolution before us, which
denies the right of Congress to make any act
M act of piracy which was not clearly embraced
as such in the words or the sense of the Consti-
tuition. When the Constitution Of these States
was adopted, the slave trade was as legitimate
as tue trade in wool, in coffee, or in tobacco.
1t was q legitimate and an innocent trade, re-
cognizcd as such at the time by all men; and
if the power delegated to Congress to regulate
commerce, is TO Dc interpreted into the right to
make it al act of piracy now to carry on that
particular trade, between any countries whatev-
er, then must Congress surely have the same
right, at its option, to make the trade in coffee,
wool or tobacco an act Of piracy likewise.
When the Constitution was adopted, it was we'll
understood what constituted the crime of pra-
cy. 1t was robbing on the high seas. The
Constitution, it is true, conferred on Congress
the power to define piracy. There must be,
doubtless, some certain rule or fine, for the pur-
poses of legal prosecution, to distinguish what
is robbery on the high seas, aud it was proper
that Congress should haye the right to point
out what acts Of violence and robbery should
come within the definition Of that offence.
But the power to define, is one thing-the
power to create, another. Can it be imagined
or pretended tLat, under the power to defne
piracy, it was intended to confer OH the Govern.
inent tic power to declare any act an act of pi-
racy If Congress really possessed the power
10 make the slave trade between Africa and
Cuba piracy, it would have the same power tc
make the same trade piracy when carried on
between Louisiana and Virginia, by way of the
sea. II it has the right to declare it an act o
piracy to convey slaves between the African and
Cuban coasts, what is to deprive 1t Of Il similar
right in relation Ia the transport Of slaves be
tween Chesapeake bay and Mississippi? Ian
utterly at a loss 10 perceive how any person;
can point out distinction between the two
cases. And not only docs the exercise 0f thi'
power imply the right to make tho slave trade
when carried OH by sea between the States, al
act Of piracy but it implies also the right tt
declare the trade in cotton an act of piracy
whenever that article is put into a ship in oul
ports and carried over the high seas to any 9th
er port in the world.
Let it always be borne in mind Sir, that ",
have right to consider the slave trade as inEo
cent and legitimate as any otlltr trade. 1t VIC
more so when the Constitution Of these State
wa, adopted thln it is now. FIVE concedc this
and also admit that Congress has the power Il
declare this innocent and Legitimate trade piracy
then must We yield 10 Congress an unlinlittt
power, an absolute despa!ism over the who'll
commerce Of the nation. Then must We hold
that Us soon as 4 citizen steps into ship ant
sails forth on to the high seas, he is at the mcYc.
of a Congress that can at its will convert AM
act of his into the crime Of piracy and make
felon of him, For, SiT, if we once concedc t.
the Government Of the United States, the pow
ors that are disputed and denied in the resolu
tions now before us, then We acknowledge that
under the Constitution, its power over all mel
and all things on the high seas, is unlimited
With these remarks, Sir, | submit tie resolu
lions to the action of the Senate.
Senator Bryan. Mr.. Presidcnt:-I have NJ
observations 10 offer at this time OH the merit
of the resolutions now before us; but | an
opinion that the Senate is not now ready for TN
question, and therefore propose that the lur
thcr consideration Of the .pep;al order be post
poncd to future day, to bio named at the con
yeNienie OF the Senate.
Senator D. II. Wilson. Mr.. President :-Th
question involved in the resolutions before us
one of no little Importance, involving, as it does
our relations with the Federal Government. :
prefer that the resolutions should take the regu
lar course, and therefore move their referenc
to the Committee on Federal Relations.
,rbo motion was nut and carried, by ayes o.