New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-31

treHtoS prenfire 6gAinst u.s. fhat sfaN
sSsys exercised undue pfpehce IN the affairs Of
4. General Government, as AOxn by the fact that
A. property bad been specially favored by legisla
- 1.-THE statement be iopocently made it is surely
sr,peeus, as glance a. orr history will show it ~
S.e the subject 4 peculiar inhbiti and obstruction
Ibss received less than the ordna amount OF pro-
lion by Government. ln 1887, when Virginia in
rt of generosity, and 20 promote the foTm.ti9n Of
2 Union, had ceded TO the north vest, territory
-htipt in extent srd natural capacity for an .mpue
y. Congress Of he Confederation assumed 10 et the
.Lef is dapproba,ion the Institution of Slavery
lrs,tludng i f;om oil Of that vast domain.
In the Convention which formed the Constitution,
as epps Depts OF African servude after having vainy
srgtt for the Gerer Government the pog-r to pro-
hbf the importation Of slaves, succeeded 10 inserting
,dsuse which has been construed as declaring suca
exhibition after 1878. 10 1915 the Congress enacted
sks which fixed penalties upon the importation OF
fro shaver, of such magnitude exhibits Dot TIE pur-
pe 70 e1ercls, the power Of commercial regulsnoh;
1t 70 prohb: il 81 aspecies of commerce which snoud
kdestoyed. In 1870, the Congress, as the coooiuoh
Admitting slsvehod.ng State, carved OUT OF 'srI'
~ 10 which by treaty we're scared all the ilShs Oh
vron end property prohibited the continuance vi IN
spDtary seTvitude in all that portion OIL tne .e'ory
,beh lay exterior TO and north OF the S'ac aeh al
Can they il favor when the price demanded and paid
Is The erjOyuep of iodspa'abe pohhcsl r'gnt wa
-. suyren Ter Of a right Of property equsJy unqaes
~..ble bolh resting the basis of the Consultation,
"a soy 6ed by The specific Obligations of the treaty
a. France for the acquisition Of the territry
Ia The same year, perod prohnc OF departures
,hs nrinc;p,es of our Government, the Congress,
iss.Aiiye act declared me etrade 10 be piracy,
x. no. Only Withholding from az America an citizen
a. ,kord er gage in this trade the protection of his
ss.nueu. but witbdrs wing from him the right to be
SrIer the laws and by he courts of his own land;
s.scunced him the NY of mankind, and aban-
80 him 10 the mercy OF Ehomsoever should capture
him. Ia confopnasd with tina. os 1919
a5ey essentially in their effect; their policy, and
a!nhor;y which must be relied on 20 msintsin their
rS;.y From the power to regulate commerce, 10
sotducr foreign intercourse and 70 establish rules OF
souSl;,sop much may be drawn in relation TO the
:.r.,;"r or importation of persons. | sm not pre-
N dspy tbss il may not extend to exclusion, yet
srsn.Yl iule it would be more consonsnt with the
s.;ns ~ cur Governmen. spd the rights OF the States
,h snhiec. 10 the control of the several States
sa...;c interest. which each community can
S"sSs Tor iself. There are few if any, among US,
NssSnn admit that The General Government pos
,esses that power 10 sa.nolZe lHe iiPo,aloh nto
go ~ n th.t State. Ia this connection it deserves
~ b. ,emepbered that upon the point arose the early
,o,srsy between the State of Virginia and the Gen.
Goyernment and it Will also be remembered that
S,,sysd simply as question of commerce, the Con.
.,sss have 10 greater power over the foreign than
ssv,r the inter State trade.
pr. how stands the case in relation TO the act of
ron declaring the slave trade TO be piracy From
Hns clause Of the Constitution is the authority for
thsf act derived ? IL is commonly assigned, and
irsx Of no other source the grant of po to de-
16re and punish piraces and felones committed on
,he hah seas and offepses against the law of ma
.tons" To define is not to create or to give
NV meaning and TO punish Ofenses against the law
n nations is not authority to introduce new article
Ito the code. Connecting the power for j1'hhable
reasons exclude the importation of particular class
a persons authority surely cannot be thence deduced
10 assume control the trade of other nations, and
Nv police Of the TO destroy trade between two
ErLp nations which is recognized by the laws OF
10th or to brand as nefarious faffic which has e1,
a he o-l,o artndn f
letp conducted by nations which have most illustrated
ns annals of man. So great departure from we'll
eabished policy and obvious principle suggests tue
jsuiry by whom and for what purpose was Il made
Have been satisfied that it one OF those depart
ues which result. from substituting temporary expe-
0sncy for immutable truth.
Amer the termination of the general wars which pre-
vailed in the early part Of This century rowing ana ao
ys,turous mep accustomed to the hazards OF military
H. we're thrown out Of employm ent, AID every sea on
vhnh there was the temptation of commerce became
ilsted with pirates Expelled elsewhere, they at last
ss1e Judgment in the West indles Aooat ths tiIhs
the tre s'y for the transfer of Florida to the United
ste. an organized band seized the lslsad OF Fernan-
Saa and assumed to exercise dominion over II. Ihey
ve understood TO be pirates generany, ana 20 De en
nged in the slave.trade particularly PRESIDENT Mad-
s sent AN expedition of naval aud land forces to take
psesson Of the island and the Congress OF the next
war IS20) passed the act which declares tne slave
nde to be piracy. There is reason 10 oeneVs tua,
S Vas done not in hostility TO slave property but to
be Ates who had engaged IN the trade. Inc pre-
yprs Law had interdcted the Importation INFO tue
ppted States aad there was no doubt also purpose
" the act of 1890 to render the prohibition OF 1910
nore eff,ctual.
n considerations Of public safety or interest war
nnted the termination OF the trade they could not JUS
~ The Government in branding ssnfamous the source
im which the chief part Of our laboring population
vss derived.
Eis This feature Of the law which makes II oiiensive
us and simule.as TO strive for It's repeal WhH,
n me ask has been i.s result 1t has magnhed the
/, Loo 1aA ma IN n III
me- Win Great Britain by which We are bound to
k.ep a naval tquadron the deadly coast o. Africa
where American sailors are sacihced 10 foreign poi
xv urged under the false plea OF humanity; u nas
&stroyed lucrative ia 10Y lVory, o "uG ;! .s IN;
sb.rts Of the coast aud transferred II 10 our com
nereial rivals the British. Truly have we gone GU,
sashearing 10 come home shorn.' The manner, a,
lsye been informed 10 which our trade mas oeeh ue
aroyed is generally this An American vessel oi the
shsrsc'er which engages IN that uade, wen %
by British cruiser on the coast OF Ai'ica; suT
bows the flag and papers OF an American 'raisi, wv
b ,urn.d over 10 vessel OF our squadron anu ptooa
M be sent homo FOR tra pirates, built her nag ana
papers are thrown overheard then, the Save nor
beng piracy By the la1 OF nations lnoV"l
ssY sta,ute the vessel il held "a the prize OF he
Nm ara tho officers and crew are dischsrGe'. y re-
it instance has occurred in which vessel SEM noue
t .rsi was discharged the ground thai the clrcn
uapces did not warrant the copcmsl0h Iuas sue '''
lie coast Of Africa TO engage IL the slaVe'As".
Nv friend Senator Clay of Asbama his services ~
tile him 10 the friendship of the Solth as Chariaa
tie Committee OF Commerce, Instituted az tne ,as
son Of Congress- az inquiry into the iacts connoce
With the maintenance Of our Squadron on inc -
Africa and hope bis energy ana aoIu,y ""y .ivs
he snnulment IF treaty which has been protective
Wly Of evil. !. rr,,sr ., mo-
Before leaving this question it may be proper . n
he the fact III st the Argument draw from ;ns
susse Of tie Constitution, thai us raIeis 'S ~
be l;oy.nmen, to have power TO prohibit tue ua! 10
ad only restricted for time its exercise, Is 81 ~ ~