The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-07-20

The power to punish and to define pracies |
and felonies, was power designed to protect
commerce. Its object was to see that the-l
laws of nations-the maritime laws Of Eu-
rope-the generally recognized provisions
with respect to trade on the high seas were
not evaded upon account of the want or abb
sence of any provisions of American law ne
cessary for either its protection or regulation.
Under the shadow of this Constitutional pro-
vision Congress destroyed he sldue hude-cut
it up by the roots.
Previously this was legitimate trade ac-
cording to the law of notwithstanding to
the maritime laws of Europe-according to
the generally recognized provisions of COM
mercial law. -......
Many publicists deny that power to reg"-
late can legitimately be construed to confer
| power to destroy. The proof is clear howev-
er that the trainers of the constitution con-
sidered Congress as possessed Of the leglti-
mate authority to arrest commerce in slaves,
under and by virtue of the power to regulate
the power define and prevent punish and
! felonies, for they not only Incorporated pro-
! vision that such legislation should not take
place at an earlier period than the year 1908,
but many of the leading men in the conyen-
ton so argued the question.
| Luther Martin in the convention said at
was urged that we were giving the general
government full and absolute power to regu-
late foreign commerce, under which power 1T
would have right to restrain or totally pro-
hibit the slave trade. The proposition that
was afterwards made to except the slaue trade
| from the destroying power of Congress under
md BY virtue 81 the power se--sas.alAia-
commerce, was opposed says Luther, by Geor-
gia, South Carolina and North Carolina In
lieu of this express exception, the provision
now in the constitution, forbdding the trade
to be destroyed until after the year 1908,
4 was incorporated in it.
That the power to regulate commerce car
ried on upon the high seas should reside in
Congress is not denied. So far as my own in
diyidual opinion is concerned am not dispos-
ed to say that under our forms of govern
ment, Congress has not the power to regu-
/ late the commerce in slaves from Africa-to
regulate it even to its temporary or periodical
cessation. Under the bred Scott decision
and in view of the cotemporaneous history of
the convention that formed the constitution,
am unable to bring my mind to the convic-
ton that the laws against the slave trade are
unconstitutional
understand Chief Justice fancy as dis
tinctly deciding that laws are constitutional
if they carry out the design intended when
the instrument was framed and adopted."-
His language is, IF any of its provisions are
deemed unjust there is mode prescribed in
the instrument itself by which it may be
amended; but while it remains unaltered it
must be construed no,o as II tons at the time Of
its adoption 1t is not only the same in words
but the same in meaning and delegates the
same powers to the government and reserves
and secures the same rights and privileges to
the citizens; and as long as il continues to ex-
list in its present form, it speaks not only
with the same words but with the same
meaning and intent with which it spoke when
it came from the hands of it's trainers and
was voted on and adopted by the people Of
the United States. Any other rule of con-
struetion would abrogate the judicial power
of this Court and make it the mere reflex of
the popular opinion or passion of the day.
All commercial laws should be accommoda-
ted to the public sentiments of those immedi-
ately affected by them. Hence if the people
of the South desire the repeal of the laws
prohibitory of the trade under consideration,
the Congress ought to repeal them. The
South is under every consideration of honor
and self-respect to press upon Congress the
repeal of the laws as they now exist, because
these laws fail to discriminate between the
principle and the policy of the commerce in
slaves from Africa.
These laws as they now exist on the stat
ute books, are a standing reproach to every
stakeholder.
As Southern slaveholder-one conscien-
tiously sol would not be willing to live IN
der any frame of government whose laws
fixed the impress of moral condemnation up
on the institution of domestic slayery-fxed
it deliberately and perseveringly-fxed it in
the face of earnest and prolonged protesta-
tons to the contrary.
As law-abiding citizen | would not be
willing to live one moment under the author
ity of the general government if the Con-
gress in the enactment of its laws affecting
commerce, turned aside from the considera-
ton of thepolicy, the practical good, the COM
mereial interest of my section Of the confed-
eracy, to the enforcement Of the principles of
higher law-to the enforcement of code Of
elmer lght1 damnatory of my principles
yiolatiye of my convictions Of the higher law
and destructive of my temporal prosperity
and domestic happiness.
Congress owes it to the Southern portion
of the confederacy to respect ats conscientious
convictions of the moral government of God
1t should, therefore, without hesitaney, re-
peal all laws that now prohibit the African
slave trade-remodel them in conformity
with the prevailing southern sentiment what
ever that may be, and from more healthy
view of the subject, than has hitherto pre-
vailed, discriminate between the commercial
attitude of slavery and its moral complexion.
If trade in slaves from Africa be piracy, then
is trade in African slaves at home, robbery
The fanaticism Of the North would not only
shut the door Of the constitution against hon
orable relief sought by the South, but would
even, if they could, shut the doors of heaven
to shareholders themselves,
sWhat pity HeHs gates were not kept by O'Fiin.
So surly dag would let nobody no
i YAZOO. %
KEMPER NoMINATIoNs--The Democracy
i of Kemper have nominated strong ticket for
the Legislature in the persons of the Hon. O.
Y. Nicely. and r. G. Rives, Esq. The
DeKalb Democrat bears this testimony to the
qualifications of these gentlemen for the posi-