The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-10
FIR the ,Mississippda.
The Unconstitutionality Of the Federal
Laws Prohibiting the African Slave
Trade.

= .
:. Trade.
EDrroR or THE AIIssIssrPrIAN:-I have
had the plersure &c reading in late Misslsslpe
plan, Communication. over the signature Oh
Yazoo,s N which the writer gives it as his
opinion that those of his friends who have
taken ground in this State in favor of the re-
peal of the laws of Congress declaring the
African slave trade piracy and maintaining
the same to be unconstitutional, have been
premature in that conclusion.
Now, Mr. Editor, | propose making few
suggestions touching this law, that those OF
nv friends in this part of the State, as well
as myself may be properly understood
= This subject is, in order to tsProper I'M
derstanding, subject to the following dlVi-
sions:
LIST. Does Congress possess the power
rightfully under the constitution to prohibit
the African slave trade after the year 1908?
I'd. Is the law of 1920 declaring the Afri-
can slave trade piracy" constitutional law
In regard to the first position, it is always
incumbent upon the afirmant of proposition
that right or power exists, to show from
what source it is derived. 1t will not do to
claim that clause limiting and restricting
tie poOe' Of Congress, IS ! grant Of ro'oer.
The 9th section of the first article of the
Constitution provides that the importation OF
such persons as some of the Statesmen exist
ing shall think proper to admit, shall not be
prohibited by Congress prior to 1913. Under
this clause "Yazoo" seems to think himself
fully fortified by what he assumes to be the
IlItvIsaSlI u .lS s,...A.s a..
cut up the trade by the roots" There is
one fixed and universal rule for the construc-
ton of laws, aud we must judge of the in
tent of the law makers By the language used
1t then becomes us to apply this test TO the
language of the 9th section of the 1st article
of the constitution, in,order fully to ascertain
if the intent of the trainers of the constitu-
ton in that clause was "to cut up this trade
by the roots' The language of the members
of the convention is, ''that Congress shall have
| Ilo power " Gub III up. ny SiO looes "'0i
prior to 1867 This is clearly and distinct
ly limitation upon the. power of Congress for
20years not to act upon this subject; favoring,
rather than manifesting any hostility to the
trade, for at least that period. Will it be
maintained by "Yazooa that the limitation
upon Congress that it shall not prohibit the
slave trade prior to 1908 is a grant of power
to prohibit it after that period If not, then
l ask from what clause of the constitution is
the power to prohibit the slave trade derived?
If Congress possess the power after 1908
to prohibit the African slave trade that power
is derived most unquestionably from some
grant in the constitution. Suppose the 9Th
section of the LIST articleef the constitution, was
erased | then ask if it can be shown thatthere Is
any other clause in the constitution remotely or
directly comforting upon Congress the power
to prohibit the African slave trade after 1903?
If the power is not granted to Congress it is
reserved to the States.
The States possessed the power to import
Africans previous to the adoption Of the con-
stitution, and I maintain they yet possess the
power unless it can be shown they have part
ed with that power, and il they have parted
with it, it must be SO declared by some .ex-
press grant All powers not expressly dele;
gated to Congress are reserved to the States
respectively or to, the people.
maintain that the want of power in Con-
gress to prohibit the trade after 1908, must be
, admitted OF else its friends are forced to take
the position that the limitation of the power
to exercise the right to prohibit prior to 1903
, is by inference a grant of power to prohibit
the trade after that time. .-
The second branch of the subject is less
f free from difficulty because the constitution is
, express ''That Congress shall have power to
define and punish piracies and felonies COM
mtted on the high seas, and offences against
1.-the law of nxtiaIlS. !. 2
= II WIN be perceived that by this provision
of the constitution the same distinctive defini-
ton of piracy" is kept up as is given by the
law of nations to that offence, robbery on the
high seas.
Now, if by express provisions of the con-
stitution, Congress is expressly and specially
confined in its action to offences committed
on the high seas and nowhere else, then.it is
as clear as the noon days sun that if Congress
assume to 60 to some other place than that
designated for its action, all such legislation is
unwarrapted and void.
Congress has no more power under this
clause of the constitution limiting it to often
ces committed upon the high seas, to say that
buying an African in Africa is piracy than
to declare that the purchase of bale of goods
in London is piracy" A Congo in Africa is as
much the subject of commerce in that coun-
try, as bale Of goods in London.
r If Congress under this clause of the consti-
tuition can declare it to be PIRACY topurchase
Congos in Africa then it can declare it also
"piracy'''to buy a negro in Virginia or Ken
lucky especially if conveyed to the Atlantic
States by vessels. ~
. For the reasons above suggested, besides
many others not necessary be stated, l am
of the opinion the law declaring this trade TO
be piracy" is unconstitutional
can congratulate my friend. :Yazoo" that
the cause of the Congo is upward and onward
in this section. We feel the necessity of an
increase of labor as well as the vital necessity
of sending slaves into the territories and pre-
, pairing them in future for admission, as
slave States. Ths people are beginning CALM
} ly to look this question in the face; and this
is all the advocates of the movement ask to,
ensure success.
August, 1852 GRENADA
aCOPIAH AND THE ADMINISTRATIONS
Convention of the Democracy of Copiah coun-
ty, the other day passed the following resolu
ton reported by d committee Of which Mr..
Douglas Neil was chairman -
RESOLVED, That we endorse all the resolu-
tons, except the latter adopted by the last
Democratic State Conyentian.
). The excepted, resolution of the State
Convention, it will be remembered, endorsed
the Federal Administration, sin the main
Mr. BUCHANAN AND THE NEXT PREsIDEN-
GA despatch in another column states
! that, Governor Wise has. written letter an
nouncing that Mr.. Buchananis acandidate for
nomination for the Presidency, and pledges
Virginia to his support. The following letter
from Mr.. Buchanan. contradicts in the most
positive manner the announcement
BEDFORD, Pa. July 25th, 1859
M Dear Sir IL have received your Find
note of the 18th inst, with leader. from the
Post, and, whilst Appreciate as it deserves
the ability and friendshipdi splayedin the edi-
torial, yet regret that it has been published
Ny determination not to, under any eircdm-
stances become candidate for reelection Is
final and conclusive. My best Judgement
and strong inclination unite in favor of this
course Toscast doubts upon my predeter-
mined purpose is calculated to impair nv in.
fluence in carrying out important measures
and afford a pretext for saying that they have
been dictated by. a desire tohe repominated,
With the lindest regard, etc, I REMAIN sin.
carelv and resneetfIliy your friend