New-York daily tribune., 1858-12-10

L =.
The Constitution Of lie United States au-h'r'|.' "
20 tefigrsie.
He did no, intend 70 % =. sry ieucth in'o nc sreo
nc1t rs 10 IL authority # Congress % es'.' ' .,
Of 1890 undef the poser to rrguist- commerce. y. ~
add 70 vba. Rad been urge. by ris c'ess ie on .h''
ooir, Bot Z twas held that under t5ir power = l
gress might create ofeBsss uusnoSn before 20 "v ~"
cf naors 81 TO the statutory legislation oi aty ol '"'
Uni'si S'a'ss at the ''I. of the ad9pu0n Q, ,'c y.
,i,u,on whore vss the Bnt 20 be found Congress
could make the slave trade piracy and pln=a II E'tn
death VIVA; was 70 prevent Il from making any ou,r
a,t pirsc7. ali irfic'iIg a similar pirishment lie
argued that urTerthe same exercise 81 power o'ns'e7
cond prolh, toe use o any but the English lans1ig
or If spy but American manufacture. on vessel ~
III, United s,ates and make the atlon Of slch Nv
an act of piracy, punls shaoie VITA death. "hers
would The courts fad The warrant 20 in1erieir sHA
rr.,ett tie execution VI snCh lsglssiiou, " tae
" Of 1870 i held 10 be valid he thp1Znr tnat even
those Who led the lIT - De jnstihabs unirr ne
power to regulate commerce, haf then Innis lnnu'
FL c-d 10 truth not by that cause oi The C0nsalon'
hut hy some vague de. Of the eeners power OF Coz
gress over the subjects Of the United states IN Ve7ss
on ,be hish sess, wherever they miGht be found
soue indefr,e notion Of the extension OF lIsdcton 10
vessels wherever they might be- Aiaal-tin 'na. 'ue
power II State where vessel belongs i2i17s Il 20
tbe high sea- wherever i may 60, does L 'ooN thit
the power follows all scts tnat nsy oe done on
vessel 1.-THE sovereignty q State follows Vesss',
then must il be The sovereignty ofthe SAFE where tle
vessel b.lorgs Where is the authority under whlch.
at pleasure au, ,thing done on vessel On the mgh
seas The posers Of Congress would indeed be
bounde-s that Interpretation spphed 10 the Cou
s;itution. II woold have power TO plni-h the mos,
Indifferent acts ~ prescribe the performance VI
ecis lever conteG plated in tue Constltutlon
lie had aivered to the treaty making power "a pos
.ibly one under which this law might b. J1stihed.
But treaty existed pror u its passage Tor tne sup
preston Of the slave.rade; and It womb herdiy De
bel that 40 act unconstitutional and vod ID " IN
ii, t. adj ~ ne trt -y-.1l1
power The same two modes Of construction aiVerted
TO in the commencement OF the argument as apphea
10 the Constitution, might also be appAed 70 .ne
treaty.maki1g poser. One construction would give
Government absolute power Ia do any act by treai'
III AT "a consolidated Government mlyut dO IL ls t1e
law Of and that whatever may Dc done by trsa'y,
lave Of Congress may be passed to enforce. ~ tnat
IT, uuder tbs construction, treaty were passed 20
emsncpae the slaN es in all the Southern S.a1es Con-
er.- would be au,horz d 10 pas laws 10 carry into
fl, e. BIT if strict construction be placed npon the
Constitution the President and Senate in making
treaty bound not 10 exceed the constlonspoF Fers
oftte General Government; and treaty oe made *
ceedine those powers, Congress cs1not pass laws n
forcing IT, Dor s j, binding Judiciary po~ers But
he dd not suppose any sismpt w0uli be made 70 us
tify the Oo these grounds. II would be conce1ed
that uuch Of the agitation, much deploiei by ms
colleague could be traced tothi- treaty max ng power
and 10 those euangling alliances against winch ash-
ipeton had vaiuly warned hs country. Treaties hai
been made binding the people Of the United states -
The Il ereets Of many Of the States. That would be
unfortunate lower 70 invoke In justification OF this
law.
Believing that the act of Congress under which
these prisoners were held not IN ,onfroiiy WIN
the Federal Constitution he hoped the Cour, would
interfere protect re Constitution, aud in that pro-
lection 70 restore 10 liberty persons who had not vo-
lated any law made in pursuance of the Constitution
Of the L Uuited States.
Mr. James Conner. United States District Attorney,
.liati in ahl and
loaiug the points only:
The prisoners are before the Court ha5eas rs,
ard two uotiOns addressed To the discretion Of the
Court On the part of the defense, TO discharge; on
tie part Of the prosecution 10 remand for nvestsf
ton by another Grand Jury. The prisoners are IN
cn.tody u1der a comm ment made in September. Toe
finding ot the Grand jury is the only difference be-
tween the position Of tue case now, and then. On
tba, they rest their motioo But Grand Jury is not
infabs. The pioceedr gs prior to their action are
iu the discretion of tho prosecuting oicsr aud the
T. lie TO subum his discretion tn the fadng of Grand
Jury and be concluded by their action ne~ bill
may be presented. The action of a Grand Jury ha:
rot tne efficacy Of Plea Of aatr.fois acquH. bill
may be preferred to another Grand jury. q Black
stoie, 80. Chitty {. L. 3s5. Bur's Trial, ~.
Hale 5s3)
On tabeas corpus, Court must ball. remand, or dis
charge. Under statute 3st Charles H., there cannot
be discharge from commitment for felony AZ the hrs'
term The q1estion is then, 10 bail, or 70 remand
ard bail is only granted in capital feones the pro9
of n,ieaiDs circumstances.
The defense then, resls on the unconsti.utonalty }
of the law. With what propriety the issue - mere
mace, II is not for TO say. IL Is made and arn to
meet IT, WbeLever the cOns;itutionaliy OF power Is
disputs the fret question a. Il The power expressed
IN the Constitution II not expressed, is u properly
an incident TO an express power Under The Consti'
tuition, certain powers vested 10 the General Gov
ennent--the residue reserved to the Safes Toe
powers vested may be limited in their sphere Of &C.
lion; bu, within that sphere they are supreme. Over
IL - et I..s.r ol ~
TO lep-lst- j. "a perec and exclusive night OF
the Individual States 20 legi-ate their internal
affairs II is the dnty of Government t. ex'end pro-
lection to the person and property OF lts cizens BY
Il l-gisstion of individual State Il operative only
within s limit. IL mas extra-tefrorte jan Z
dcton, actual or constructive. Yet the person aud
the property Of the citizen often beyond the hts
Of any individual State and beyond its protection.
The power 10 protect must reside s'me where, an
under the Consultation it is vested in the General
Government. II alone has the right 10 legislate on
external SUBJECTS. Its Legislation is operative i,s
citizens ana vessels. BY the law of the world, the
vessel Of nation, under the flag Oi that nation, Is
part Of the territory OF the patton.
But Il is co1tended that there cannot be egislstion
affecting its citizens vessels in this traffic. Ii ls
necessary, then " ascertain the power under which il
is claimed.
Mr.. Conner here tketched the eys which had orig.
inslly .1,ed whle the regulation Of commerce was IN
tie individual States and the re neiy provided 81
Will drawing that subjectrom the action Of the Saes,
and yes'icg II IN Congress.
TIE CoLs:itution vests in Congress the power 10
regulate commelcs with foreign Datious, &c. Ii IS
wer 'ul snd exnlus'ye-power concisely given, YET
most comprehensive IN lie extent-po~er eoextensivs
WITH that previously passed by anyor by ali the ates.
l. is the power 10 regulate 70 prescribe tue rules ~
which commerce sball be governed. Under il are de-
duced tie power TO regulate navigation, to establish
surveys 10 fix light and beaeons, 70 construct
hsIbors of refuze. II extends over all commerce.
commerce Of every description and hing ex-
fra
But single limitation, and for limited period,
con paned the grant The power = prohio!t the i'm.