The Feliciana Democrat., 1859-02-19
SENATOR DELoNy ON TIE SLAVE TRADE.

To the Editors of the Delta:
GenHemca.-In your issue of the 81 INST, senator
Ilyans in the remarks which he has thought proper
to make in opposition to my bill relative to the rlsht
of the people of Louisiana to purchase negro slaves
&c, advances the following extraordinary doerhe'
He says: |
On the resolution of Dr. Dclony, declaring that
the State of Louisiana has the power TO Introduce
slaves from Africa, elsewhere beyond Tie uhllcd
States consider that while the act of Congress, en-
titled an act to prohibit the importation OF slaves
into any port place within the jurisdiction OF the
United States from and after the 1st of January ls0s
approved the "a of March lS07." stands unrcl c'cd
no State law can constilutionaly be passed auhoriz
ing the importation ofslavcs from Africa or anywhere
else beyond the United Statcs.'
Senator lIyams here announces the startling doc
rnc that while law of fConTcsS. prohibiting certain
things, stands mrcpeaed whether that law is warrant
cd by the Federal compact or not no state law can
be coaiuoialy passed whether 1t be ur the maintain.
ancc of those rights which such State has reserved to
her people, in yindication Of her sovereignty III
other words, that law passed by Congress however
unwarranted in its assumptions, shall stand bta r.
peaed, MS barrier against any action of State IN
asserting and maintaining one Of it, reserved and
sovereign rights thus assumed aud exercised ny Con.
grcss. Such doctrine at once surrcndrrs congress
the monsrous power to interpret, define and control
All the rights reserved To the States and leads direct
y to central consolidation OF the Federal Govern
mcnt,
Senator IIyams continues with the following sngu-
lar views, viz.
The power TO prohibit the importation Of slaves
after the year 1sO1 thereby granted to Congress,
and Congress having exercised the power by the act
of 1907, State constitutionally pass any law
, rcpugnant thereto
: Now, do not mean TO be understood to say, that
if Congress had failed 10 pass such pruhibtofy act
or IT, after passing il, had repealed it. does here.
after repeal it, that then state would not have such
right but that. while the act of Congress stands, the
question is at an end
In the first of these two para graphs it is claimed
that the right to prohibit the slave trade after the
year 1907 is clear grant of power to Congress and
of course like all other clear grants of power to that
body must be exclusively and solely exercised 10y
Congress but in the second paragraph the senator
does not hesitate 10 declare that il Congress bad TAIL
ed to exercise such power aud TO pass such prOhib
tory act should repsal il after passing II, that ne,
he would not say that state wyd no have such right
u Now, in the name of common sense, II State hm
clearly diyestcd itself of the exercise and control o.
certain power, and surrendered 10 Congress the cN
elusive light ot coeicng such power we would asl
: how it is. and by what process of authority, III th
failure Of Congress 10 exercise said power Stat
can rcassimc aud exercise ii herself? According Il
senator II yams the power To prohibit the slave trad
is clear grant to Congress for H. own exclusive Us
c and exercise: and according 10 senator llyams again
If Congress fails TO exercise it, then he viii not ~
that the State of Louisiana has not the rght 20 Cx
crcsc il herself How ,hc Is To rCas.um" IL h. ha
not thou ght proper to inform However, hc knn
,r il to the power Of Congress 10 establish nhieri
rule Of naturalization aud here Ne would ash Of I'll
Senator il Congress should fail TO establish such m
c form rule Of naturalization. could any state rc.um
It that power and establish such rule itself?
j III conclusion. may ~ permitted ~ say that q
senator lIyams has declared that THE power u I'M
~ hht The slave trade j. clear grant oipowcr To- tot
T. .rcss. would respectfully ak when suuh poWD
Ia was granted The Gnnstitution' say- Judge ri
ncy. "is not only The same in words, hut the same
meaning. and delegate. the power, to Nj" GO'
lc crnmcnt and reserves and secures the same figh
n and privileges to the citizen: and long il
Is tinues TO exist in s present FORM il speaks not on
!, with the same words but with the same mranr
- and intent with which il spoke when il into ii
10 hands of il trainers, and voted and adopt,
ur by the people of the United States Any other m
it Of construction would ahrogatc the iudical power
this Court. and make ii mere reflex OF popular upt
Ne ion or passion Of the day. This Court was not ere
H. ted by The Constitution for such purposes.
IT, then. the power to prohibit the slave trade
:, gydatd 10 Congress. will senator llyams be pleas
" to inform Us at what time the grant was made? SUI
ed ly not when the Constitution was framed and adoI
ye ed by the State for Congress did not and c1pR Hot
,o ercc any such power for twenty years after it V
adopted aud Chief Justice fancy says the fUustit
~ ton is in the words and means now. and at
his times since its existence. just what il meant when
.ty was adopted. Besides moi only did GongesS not p,
+; scss the power 10 prohibit The slave trade for twcn
" years after its existence but il was actually inhib.t
from the exercise of such power and the slave ira
was protected by the Federal Government during Ii
,er whole period.
~, But Mcssrs. Editors will not nov pursue
Nv subject further the very singular doctrine. adyanc
by my friend Senator lsams, ia his comments in e,
we position TO the bill have Introduced in the Sens
nm must be my apology for troubling you with th,
a,, few hurried and scattered ideas, Yours truly &c
'on Enw' D DElONY