Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-04-02
NATIONAL iNTELIIGENCER.
AN INTERCEPTED DOCUMENT.

The subjoined document addressed by Mr.
JUDAH P. BEHJAMIN, The Confederate +" Secretary
of State" to the Hon. l.. O. c. LAMAR, the Con-
federate Commissioner" at St Petersburgh, has
come into our possession 1t is published for the
information Of all concerned, as serving to show
the prudent and significant reserve which the Con-
federste authorities prescribe to themselves In re-
fusipg to enter into any engagements with foreign
nations not 10 revive the African slave trade.
INIT CONFEDERATE STATES OF AMERICA,
Department If State,
Richmond, January ID, 1863
Elm Ii has been suggested tothis Government from a
source authenticity that after the recoen
tim of dependence by the European Powers, an
expectation generally entertained by them that 10 our
treaties Of amty and commerce clause VIII be miro
duced making spulaons against the African slave trade
IL even thought that neutral Powers may be inclined 10
insist upon the insertion of such clause sine qua
You are well aware how firmly fixed in Constitution
/. the policy of this Conederacy against the open ng OF
that trade informed that false and insdions
suggestions have been made by the agents OF the United
States European Courts Of our intention to change our
constitution peace restored and OF authorizing
the importation Of slaves from Africa IT, therefore you
should find your Intercourse with the Cabinet TO which
you ARE accredited that any such impressions are enter
tanned you will every proper effort To remove them,
aud if an attempt is made to introduce into amy treaty
which you may be charged with negotiating s.pulations
on the subject just mentioned you will assume, in behalf
of your the position which, under the direc-
ton OF the President now proceed t, develop.
The Constitution of the Confederate States agree
ment made between indie pendent States BY its terms all
the powers Government separated into classes
follows, viz:
ls Such powers the States delegate to the General
Government
3D. Such powers the States agree TO refrain from
ercsng although they do not delegate them to the General
Government.
Cd Such powers as the States without delegatng them
General Government thought proper to exercise by
direct between themselves contained in the Con-
stituton
4b All remaining powers of sovereignty which not be-
ing degated to the Confederate States by the Consu-
tn nor prohibited by the states reserved to the
States e.pectivey, or to the people thereof.
On the formation of the Constitution the States thought
proper prevent all possible future discussions on the
subject slavery by the direct exercise OF their own
power and delegated authority to the Confederate Go
vernment save in material exceptions presently to be
tictd
Especially in relation to the importation of African
groes deemed important by the States that power
to permit it should exist in the Confederate Government
The States by the Constitution. (Which is treaty be
tween themselves Of the solemn character that States
make unanimously stipulated that the Importation OF
negroes OF the African from foreign country other
than the Sayehodng States Territories of the United
States of America i. hereby forbidden and Congress is
required pass such laws shall eectualy prevent the
same Cart |. sec. 9, par. ~
1t twill thus be that power is delegated to the
Coneir rate Government this subject but that it
included in the third above referred to- powers
ercisad directly by the States
It that the duty is imposed on Congress TO pass
lava and render eectua the prohibition above quoted
But THE very imposition of duty on Congress is the
strongest proof of the absence Of power the President
and Senate alone who vested with authority TO make
treaes In word, the only provision the subject
directs the two branches Of the Legislative Department
in xion with the President to pass aes this sub
ject it Of the power Of the President aided by
branch the Legislative Department to control the
ubiect by treaties for there Is not only absence of
xpress deeg authority to the ymakng power
hich alone would uc. to prevent the exercise Of such
authority, but there is the implied prohibition resulting
the fact that all duty the subject imposed
different branch of the Government
need tcareey enlarge upon the familiar principle that
authority expressly deli gated to Congress cannot be
sumed in our Government by the treaty making power
The authority levy and collect taxes to coin money to
declare war &e. Sc ready examples and you be
at no los for argument Illustration in support of well
recognized principle.
The above expressed ~ 1nrtboF enforced bN the
clause in the Constitution which follows Immediately that
which already been quoted The second paragraph Of
the same section provides that Congress shall aso have
power to prohibit the introduction Of slaves from any State
not member II or Territory not belonging 10 this Con-
f.d.racy" Here there il direct exercise o power by
the States which formed Constitution but express
delegation IT, Congress 1t is thus that while the
States were willing trust Congress with the power
prohibit the introduction Of African slaves from the United
States they were willing 10 trust it with the power
prohibiting introduction from any other quarter but
determined 10 ensure the execution Of their will by d.
rect iuerporton Of their our power.
Moreover any attempt the part Of the treaty making
power af thu. Government to prohibit the African slave
trade addition nsuperable objections above suggested
would open the implication that the power has
tuhorty to permit such introduction No such implcs
aion be sanctioned BY Us This Government unequvo
cay aud absolutely denies s possession Of any power
whatever the subject and entertain any pro-
q position in relation to IL.
While IL totally beneath the dignity of this Govern
eut ~ give for the purpose Of yindcatinp
Itself from any by suspicious OF s good faith on
this subject may be disseminated by the agents Of the
United states 10 may not be improper that yGu should
point out the superior ,fcacy Of constitutional pro-
vision 10 any treaty stpul, ons could make The Con-
sttuon il itself treaty between the States OF such bind
force that cannot be changed or abrogaed without
the deliberate aud concurrent acton at nine out Of the
thirteen States that the Confederscy treaty
Il might be abrogaed by party temporarily in power
IN county, at the sole rick Of disturbing AMIGA.