Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-01-06
lRASBURGH, VERMONT,

tui anu EigoFouS tAaulhattoH OF OUT COASTS
and thorough investigation Of the sub
iect, we have not been able TO discover
that any slaves have been imported into
the United States, except the cargo by
the Wanderer, numbering between three
and four hundred. Those engaged in
this unlawful enterprise have been rigor-
ously prosecuted; but not with as much
success as their crimes have deserved
A number of them are still under prose-
eution.
Our history proves that the fathers of
| the republic, in advance of all other ma
tions, condemned the African slave trade.
1t was, Notwithstanding, deemed expedi-
ent by the trainers of the constitution to
deprive Congress of the power to pro-
hibit "the migration or importation of
such persons as any of the States now
existing shall think proper to admit"
prior to the year one thousand eight
hundred and eight"
1t will be seen that this restriction on
the power of Congress was confined to
such States only as might think proper
to admit the importation of slaves. 1t
did not extend to other States, or to the
trade carried on abroad. Accordingly,
we find that so early as the 22d March.
1894, Congress passed an act imposing
severe penalties and punishments upon
citizens and residents of the United States
who should engage in this trade between
foreign nations. The provisions of this
act were extended and enforced by the
act of 10th May, 1900.
Again, the States themselves had a
clear right to waive the Constitutional
privilege intended for their benefit, and
to prohibit, by their own laws, this trade
at any time they thought proper to pre-
vious to 1903. Several ofthem exercised
this right previous to that period, and
among them some containing the greatest
number of slaves. This gave to Con-
gress the immediate power to act in re-
gard TO all such States, because they
themselves had removed the Constitution
al barrier. Congress accordingly passed
an act on the 28th of February, 1903,
to prevent the importation of certain
persons into certain States where, by the
laws thereof, their admission is prohibit
ed In this manner the importation of
African slaves into the United States was,
to great extent, prohibited some years
in advance of 1903.
As the year 1903 approached, Con-
gress determined not to suffer this trade
to exhist even for single day after they
had the power to abolish it. On the I'd
of March, 1907, they passed an act to
take effect from and after the first day
of January, 1905 prohibiting the impor-
tation of African slaves into the United
States. This was followed by subsequent
acts of a similar character, to which !
need not specially refer. Such were the
principles and such the practice of our
ancestors more than fifty years ago in re-
gard to the African slave trade.
1t did not occur to the revered patriots
who had been delegates to the Conven-
ton, and afterwards became members OF
Congress, that in passing these laws they
had violated the Constitution which they
had framed with so much care and delib-
Grafton. They supposed that to prohibit
Congress, in express terms, from exer-
. cising a specified power before an appoint
ed day, necessarily involved the right tc
exercise this power after that day had
arrived.
r If this were not the case, the framer:
o! the Constitution had expended much
labor in vain. Had they imagined that
, Congress would possess no power to pro.
, hibit The trade either before OF after 1903
they would not have taken somuch cart
to protect the States against the exercise
D of this power before that period. Nay
more, they would not have attached sucl
! vast Importance to this provision as tc
have excluded it from the possibility O
future repeal or amendment to whicl
other portions of the Constitution wer,
exposed 1t would, then, have beer
q wholly unnecessary to engraft on th,
= fifth article of the Constitution, prescrib
ing the mode OF its own future amend
ment, the proviso, that no amendmen
e which may be made prior to the yea
b. 1908 shall in no manner affect the pro
4 vision in the Constitution securing to th,
4 States the right to admit the importation
,. of African slaves previous to that period
e According to the adverse construction
d the clause itself, on which so much ear
n and discussion had been employed bv th
i members of the convention, was an ali
= solnte nullity from the beginning, an