The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-03
For the MississiHpian
The African Slave Trade Again

Mr.. EDIToR:-Will you permit me TO use
your columns a little farther in order to sci
myself right in respect to the constitutional
ty of the laws that prohibit the African slave
trade.
! I omitted to put quotation marks proper to
designate the language Of Chief Justice fancy
| in the bred Scott case, and as a consequence
| the reader was unable to distinguish between
the position established in that decision and
| my coneIassons-
| understand the bred Scott case to decide
that clauses in the constitution, in the Ian
guage of Judge fancy must be construed
now as they were at the time of its adop-
| ton"
Then, with respect to the clause prohibi-
| ting the trade in question we have merely to
enquire whether the trainers Of the cOnstitu-
ton intended by the clause under considera-
ton to prohibit this trade?
No fact, according to my view of the case,
| can be more undeniable than that they did so
intend. am as warm an advocate of abroga-
ting our treaty stipulations for its suppression,
and of repeating the laws declaring it to be
piracy, as any one, and will 60 as far as he
| who goes farthest to effect these ends, but at
the same time think it bad policy to assume
position on a collateral question which upon
argument is not sustainable
may be in error in my view of this case.
I L. IL a. loc~
the argument pointed out
| have not been blind to the fact that prob
ably majority of the southern gentlemen
who have treated thi s subject, are of opinion
that the laws prohibiting it are against the
constitution. am therefore the more diff
dent in the presentation of my dissent from
their judgments.
Previously to my examination of the bred
Scott decision-or if you please-arguing up
on general principles, had been of the con-
Viction that Congress could only regulate this
trade could not permanently destroy it.
/ have read the argument of Gov. McRae
and that of other southern gentlemen. Were
the question to be determined ON general con-
struction their arguments would be good
But in my judgment, they are estopped from
this course by the very precise and emphatic
language of Judge fancy.
His decision in the bred Scott case, takes
the question of the commerce in slaves from
abroad out of the pale of the general argu-
ment and makes it one purely historical.
The clause in the constitution that prohib-
its the foreign slave trade, was, as am induc-
ed to believe, very distinctly and undeniably
intended by its trainers tocut up that trade by
the roots. So the debates in the convention
show. think they acted unwisely, but think
nevertheless they certainly so intended.
| concur with Mr. Stephens in his Augusta
speech of the I'd July: and by the by, Mr..
Editor, you will find that this distinguished
gentleman, while he boldly said more slaves
from Africa did not deny the constitutional
ity of the laws that now prohibit it. Mr..
Stephens says 1.-THE leading public men of
the South in our early history We're almost |
all against it; nearly all of them were against
it. This freely admit when the authority
of their names are cited. 1t was question
which they did not and perhaps could not
thoroughly understand at that time. II scas
then a ne,o question in the construction of con-
stitutional government. II IS stW prob
lem in process Of solution
For one am unwilling to push forward the
great enterprise on which we have entered ex-
cent on the basis Of reason and sound philos-
ophy. am not afraid of the truth. My con-
lidence is that it will ultimately prevail.
Mr.. Editor, as surely as there is sky
,hove MS there is but one question that has to
be decided by the American people '0l'te ani-
led in order to the introduction of additional
fr;can laborers, and that is the question of
the higher law.
Il will not do for us to jump to the conclu-
ZION that our Northern fellow-citizens are
10Th knayes and fools. We are wrong when | !
We proceed if any ever do upon any such po-
,;t;ons | am sufficiently heretical to believe [
hat the majority of the Northern people are
,onest in their convictions that the involunta-
" enslayement of Africans is opposed to the !
moral government of God. speak Of the Q
masses Of the people Now If we are unable
O show to them in calm and fair argument
convince them by the force of logic that
layery is morally right, it is too much to ex-
,ect them to forego morals in their legislative Z
ction. "