The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1859-08-10
The Unconstitutioea I the Federal
Laws Prohibiting shE lfrican Slave
Trade.

~ 70 - AtA-1-.: - leNa n RfeSs-
cutting those he deemed oienders under TINS
lass, does not rest iseeision upon that clause
OF prohlbltioF. but rests { npon another clause,
the power to regulate sonmeFce. This pro-
hibitory clause was but a simple guarantee
that the importation Of foreign slaves should
be protected for twenty years. / am support
ed in this by the 5tharticle, as to the amend
ing power. That clause provides that there
should be no amendment to the Constitution
which would give power, to Congress to pro-
hibit the trade until the year 1908, thus leav-
ing it clear, 10 my mind that before Congress
could exercise the power of prohibition after
the year 1908, there must be an amendment
to the Constitution to that effect. But no such
an amendment has ever been made, and there
fore, no such grant ofpoyer has ever been Civ
en- to Congress.
But acting under the impulse of that wild
fanaticism which denied the attributes of the
Deity, denied the truth of revealed religion,
and claimed for man alone the guidance of his
reason, and unsettled al the staple principles
of both religious and political truths f;Lna-
ticism which, originating in France, swept
across the Atlantic, unsettliag in the minds
of some Of our ablest public men even their
views as to the well-balanced principles Of the
Constitution, the frst great aggression upon
slavery was made 1t was aided in the most
extraordinary degree by the powerful infu-
ences of that day, especially in Virginia; the
doctrine spread, amongst even her best edu
Gated classes, and thence throughout the
South, that slavery was a moral and political
evil. Mr. jefferson, by his wonderful infiu-
ence gave tone and direction to this new feel
mg. It was blow at the very heart Of the
slavery question, for there is no right thinking
conscientious man. who if convinced that sla-
very is morally wrong, will not feel bound to
put right, both himself and his country, by
endeavoring to get rid Of the institution in some
proper manner. 1t was under the general
spread of these baneful and false opinions,
that these attacks upon the institution OF sla-
very were permitted to be quietly made with
out contest. But this day weImade the issue
that they should have been opposed then !;
that they should be repealed now.
return to the argument by which this pro-
hibitsry law is denied 1t is said to be author
ized by the power given to Congress to regu-
late commerce with foreign States. Ii it Is to
be conceded that, under that clause, Congress
has power to interdict the slave trade with
Africa, it must also be conceded thatit has the
same power to interdict the slave trade be-
tween the several States. Every man will
start back with astonishment at such prop
osition. This is sufficient argument itself to
show that this clause confers no power to in
terdict the trade with Africa Again, the
power to regulate, what is it Why, every
man who knows the meaning of the English
language knows it is not destructisn Or prohi-
bition; to regulate is to make rules, to govern
a. 40 49, of
all proper. But BY whaz of construction
Is L that any mai. ssa.;ss tise power to
destroy from the power g -. .alate For the
first twenty years, ,Conssess had no power
under the clause to regulafe commerce, to in
terdiet the slave trade. After twenty years
had elapsed, who breathed into it such vitali-
ty? Our ancestors, in conferring the power
to regulate the trade, did not design that such
power should be used to abolish the slave
trade. For at the same time they gave pow.
er to regulate, they also expressly prohibited
Congress ffom prohibiting the slave trade.
The Constitution was designed by our fatn'
ers to be fixed, Interchangeable, immutablt
rule of action for Congress. When it left theil
hands, the power to prohibit the slave trade
either was or was not conferred in the power
to regulate commerce. have shown that i
was not conferred at that time by the othel
clause of the Constitution, which expressly
| prohibited the exercise ofsuch power by Con
| gress. Unless, then, the Constitution be ;
| thing of wax, and be moulded into any shap'
which Congress chooses that it shall assume
| unless it be like some metals which contrac
or expand according to the temperature whicl
surrounded them, this power to prohibit, no
existing in the power to regulate the trad
1
with foreign nations at the time the Constltu
ton was formed, cannot now be found IN tina
clause. simply because the year 1908 ha
passed. Again, after the Constitution wa
formed, something like two years after, Il
/ order to prevent misconstructiOn or abuse Q
power under that Constitution, dechrator,
| and restrictive amendment to the consttutio
was adepted which in substance was, that tn
mowers not delegated, to the United States b
the Constitution, nor prohibited to the States
/ were reserved to the States respectively or
| the people. Unless, then, this power to pre-
hibibit can be shown TO be power delegate
to the States by the Constitution, or unless
| can be shown that there is an express powe
| giyen to Congress in the Constitution, it car
| not be carried into effect, surely by implyin
power in Congress to prohibit this trade; theI
by every rule Of construction known to tfl
States Rights party, it does not exist. Nc
only then was the Constitution violated will
out question, but in its infraction brand |
! infmy put upon the institution at the Soutl
which excited no murTnur anywhere.
Afterwards, in 1919. the advocates OF tn
false and religious political fanaticism snt
ceeded in eracting statute declaring OF
citizens who should engage in the torele
slave trade to be pirates, and this, too, wlthot
/ exciting any particular attention Was tn
act authorized by the Constitution l den
that it was. Its advocates claim that it wa
authorized by the power given to Congress !
define and punish piracies committed on u
high seas To bring the foreign slave trae
under this definition Of piracy, the trainers
! the Constitution must have deemed 1t to !
! piracy. That they did not deem it puac
and, therefore, that they did not design
give Congress the power to say that 1t WI
piracy, is most conclusivelY shown by Il
: fact. that they themselves were dealers in Il
foreign slave trade, and that they succeedt
in protecting that trade by constitution
enactment. These two acts could undermil
to great extent the power and prosperity
the institution of slavery, by. cutting OH o.
of its chief sources of increase and suppl
the right to purchase slaves wherever the i
terest Of the stakeholder Indicated II tn
struck deathly. blow at one. of 4
main attributes Of slayery--its essenti
attribute of purchase and sale, and you eve
tually destroy the institution itself It W
closely resemble the tree which has be
girdled by the axeman.
i Here, then, was fixed upon the institute
. !. the shackles Of this serai-abolition principl
the prohibition Of the right to purchase whe
z our fathers had purchased before us, a
e branding us as pirates for doing that VIII
: our fathers legitimately and properly ID
These laws having thus efiectually prevent
an increase in the power and prosperity of
t institution upon the East, the enemies of s
= yerv turned their attention to prevent its 6
/ pansion upon the West They marched
the Territories, and there took their stand.
or a man named James NJ. Slaugh
was arrested in New York on the -28ths uI
a reouisition from the Gov ernor Of Mississ
, pi. The charge against him is that Of obta
& ing money under false pretences from seve
4 gentlemen of Mississippi. He had left for
: South in charge Of an officer ErehG,ge.
:.