Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1859-07-20
Constitutionality Of the Slave Trade
Laws..Col. Yancey's Speech.

Constitutionality Of the Slave Trad
, Laws..Col. Yancey's Speech.
; We published in yesterday 8 issue the rerol
, ofCol. Yancey's speech, delivered in Athe
, neum Hall, on Friday evening last We sha
make some commen,s on his views relative t
) he power of Congress over the foreign sl';v
trade. The speech is up to the advanced !lu
of the advocates for re.opening Of the trade
: In this respect, it contrasts remarkably viii
Mr.. Rhett's Grahamville speech: and dispe!s
delusion which MI. Rhett himself seems to b.
laboring under. From that speech, he eTi
dently considers himself in advance Of hi!
party. But it appears to US that he is bel!int
it. This wing of it has moved forward TO s
line of argument which Mr.. Rhett does no
even touch. he passingly and deprecatingly
alludes to it when he uttered the following
admonitory remarks: "Above all, let nc
question not Immediately connected with the
aggreasions of the North divide us into par
ties against each other" Col. Vance, and
his party regard this foreign slave trade as one
Immediately connected with the aggress;ons
Of the North, and it is their intention to press
it forward. "Agitation" is the motto inscl bed
upon their banner, and, whether against
avowed opponents, or those whom, occupying
the position Of Mr.. Rhett they regard as ten.
porizers, they are equally arrayed. or the
IN re practical aims and designs OF Mr.. R#ett's
speech, its tendency to larmonize and unite
the South, we have already spoken.
The speech of Col. Yancey gives tie South
clearly to understand that no indifference to
this issue is going to be permitted, and our
| public men and public journals must make
up their minds at once. The conflict oil op-
posing opinions is now taking place. 1t is
useless to cry harmony any longer; harmony
will not probably come until the public mind
has been satisfied on this question. tn Mr..
Yaucey's speech we therefore call especial at.
tention. 1t is the bold, defiant peal froI, the
artillery of the party of "agitatiou," and
opinions must now be formed upon the issues
1t presents.
In considering the proposition for a repeal
of the slave trade laws, two considerations
themselves, either Of which would justi-
iy efforts to effect it.
First, the constitutional aspect. II it was
never intended that the control of the ques-
ton should be given to Congress, then the
laws should be repealed, because of their un-
constitutionality, and this position might be
taken, whether the policy or expediency of
re.opening the trade was entertained or not.
Next, the aspect of expediency. There is
nothing of bargain in the clause of Cons'itu-
tivn making it obligatory upon Congress to
prohibit the trade; it is merely pcrmissve; j;
it means nothing more than that Congress
may prohibit AFTER the year 1908. Those,
then, who regard its re opening as expedient
for Southern interest, may, with perfect pro.
priety, and without any violation OF constitu:
ticnal obligation or good faith, contend for its
repeal. This leaves pretty broad ground Tor
that large class whose instincts lead them 10
! seek the rres onsibility. and quietude of mid
die position in the contest, and, with such IN
viting ground before them, We shall not be
! surprised to find this much the larger party
: = ,.it-. Tue aspectof expediency We
shall not consider, as -Cut. Ta"rvy docs not
We have frequently given arguments against
1t, and III that view Of toe question, wonld also
he opposed to it. We turn, then, TO the first
has Congress the right under the Constitu-
ton to prohibit the slave trade? Col. Iancey
contends not here we take issue.
If we can demonstrate satisfactorily that it
was intended by the trainers OF the Const;tu-
ton that rhc control OF this question Shon!d
he given To the Federal Government, then its
prohibition, under the acts complained OF, is
constitutional, and the contest will be narrow
ed down to che OF mere eXpedicncy, upon
which, With no middle ground intervening,
men sill be obliged to meet each other boldly.
For c!ear understanding, recourse must
Of course be had to the Convention which
formed the Constitution; we must know the
opinions Of the men who were members ol the
Federal Convention. and Of those who sub.
srtluenty were members Of /! e State Conven-
tons to ratify the action of the Federal Con-
ventiun. They are the fathers Of the Consti.
tution, and as we appeal to the great founder
Of the Christian religion, and to his apostles
and immediate disciples, as the great auhorl-
ties of tho church, so must We appeal TO these
as :he fathers and interpreters y! that great
monument of constitutional wisdom. The
Convention 20 form the Constitution, met in
MAY. The whole scheme Of a Constitution
had bacn discussed, and the sense Of the Con-
vent;un had been asccrlaiued on most # the
| important points when in July, IL committee
Of five, Of whe Mr.. Rutlpdge, Of South Caro-.
lima, WAS Chairman. was appointed to dratt Il
! Constitution, coifurmablc with the resolutions
already agreed upon in Convention. Some
ten days afterwards, the draft was submitted,
! ard in this draft, for the first time, appears q
Reference to the slave trade; this We shall
notice, as the style OF its appearance, and
subsequent disposition are alike significant.
Tnc clause must have been inserted through
the agency Of Mr.. Rntledge, and is significant
OF his opinion. concerning the r!gk; OF Con-
grcss to coutrol the question under the gen.
eral grant Of power delegated toil. In that
draft, article VT refers to the powers Of Con.
gress. Section being grants Of power, and
sections 2, 3, !, S, 6 and / being reservations !;
the inference being that. without these reser..
rslians, ihs oh scis to which ihsv ara dir7cteA
! wcHld fall under The control Of Congress-.
The following il ths cs preston Of tic fourth
section; "Nu tuz or duty shall be- laid by the
Legislature on articles exported from any
State nor on the migration or importation Of
such persons rs the several States shall think
proper to admit; nor shall such migration Or
importation be prohibited" The inference is
plain that it was thought necessary 10 make
this reservation, otherwise exports and Atri-
cans would both be fur subjects Of Congres.
sional legislation. This inference is fully and
thoroughly sabstantialed by subsequent reve.
lati.ns. When this section came sp for con-
sidcration, the first clause in reference to
exports was accepted. 1t was then proposed
to insert the word "lreen before the word
PERSONS" which would have reversed the
expression OF the clause. The matter was
then discussed The South Carolina delega
ton through Mr. C. Pincsncy, Gen. Pinckney
and Gov Rutledge, stating cmphatically that
+. South cornlino ,vnrll never rcreiye the plan,