Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-04-02
REVIVAL OF THE SLAVE TRADE.

/ W ncn MI. BENJAMIN, the ConIeueIate becittdiy
Of State, called to zen the despatch to Mr..
Commissioner LAMAR which we published on
Tuesday last, assigning the grounds on which the
Richmond authorities must decline to enter into
any treaty engagements with foreign nations against
the African slave trade, he seems to have been
painfully sensible of the difficult and delicate task
before him. Accordingly, We find him putting
forward in advance of his particular instructions
under this head, series of political distractions
to as the cover of his demonstration much as
General sometimes throws out cloud of skir-
mishers to mask the real force and direction of his
movements
II being prudently determined by his associates
to avoid any entangling alliances" with Euro
pean Powers on the subject Of the foreign slave
trade, Mr. Benjamin resorts, in the first place, to
that species of political generalization in which the
Southern politicians have always SO greatly ex-
celled, whenever they desired to show that any
thing which they wanted to do was constitutional,
or any thing that they did not want to have done
was unconstitutional. BY " construction construed
he seeks to show that in the Confederate Consttu-
ton, among all its categores of powers delegated"
" refrained FROM" exhausted by "direot agree
ment" among the States, and reserved to the
States respectively, or to the people thereof there
is no category which would embrace the precise
case of treaty pledging the Confederate Govern
ment or through it the Confederate States, not to
revive the African slave trade. Foreign nations
may think such an engagement very proper, or even
necessary, under the circumstances, but they are
met at the threshold with constitutional difficult
ties" As Aristotle had his " categories," SO Mr..
Benjamin has his, and, according to his messphy-
sizes, the powers of the Confederate Government
are separated into classes as follows, viz:
"1st Such powers the States delegate to the Gene
raj Government
exercising although they do not delegate them to the Gen.
eral Government
sd Such powers as the States, without delegatng
them |" the General Government thought proper to
else by direct agreement between themselves contained in
the Constitution.
4th All remaining powers of sovereignty which not
being delegated TO the Confederate States by the Constu
prohibited by to the States reserved to the
States respectively, or to the people thereof"
These categories seem to be invented simply for
the purpose Of showing that the case of treaty
with foreign nations containing stipulations against
the slave trade is not embraced within the terms
of the Confederate Constitution" Now, let us see
what are the constitutional provisions from which
Mr. Benjamin EFFORTS this negative pregnant. The
Confederate " compact" declares as follows:
1.-THE importation of negroes of the African race from
any foreign country other Than the savehodDg States aud
Territories Of the Uuted ates Of America hereby pro-
hbled and Congress is required TO pass such laws
shall effectively prevent the same.
The Congress shall also prohibit the
PRODUCTION Of slaves from any State not member of
Territory not belonging to this Confederacy.'
1t is in the face of such grants of power that
Mr.. Benjamin argues as follows:
1T will thus be seen that no power is delegated to the
Confederate Government this subject but that it
included tie third class above referred to- Of powers
exercised directly by the States 1t is true that the duty
ia on Congress to pass laws and render eecua
the prohibition above quoted But this vey imposition Of
duty Congress is the strongest proof of The abence
Of power in the President aud Senate alone, who are
vested with authority make treaties In word as the
only provision the subject directs the two branches OF
the Legislative Department IN connexon with the Pres
dent to pass this subject it Of the power
Of the President aided by branch of the Legislative
Department to control the subject by mites
there s not only absence Of express delegation Of
thority to the treaymsking power, which alone would
suffice prevent the exercise Of such shorty but there
the implied prohibition resulting from the tact that all
duty on the futect is imposed different branch Of the
@ vernment."
The Confederate Constitution, like that of the
United States, declares that I" all treaties made or
which shall be made under the authority Of the
Confederate States shall be the supreme law of the
land" BY virtue of such provision it has been
the uniform practice of the President and Senate
Of the United States to form treaties with foreign
nations containing stipulations many subjects,
which, under the appointments Of the Constitution,
are also regulated by Congress. For instance, the
Constitution Of the United States (and the Con-
federats Constitution has the provisions under
this head) declares that " Congress shall have
power to regulate commerce with foreign nations"
Yet nothing is more common than for the Senate
to confirm treaties containing stipulations to the
exchange Of productions aud the rates of imposts
which are in the nature of commercial regulations
Southern politicians especially favored the :" Re
ciprocity Treaty" which now regulates the COM
mercal intercourse between the United States and
Canada Yet if the logic Of Mr.. Benjamin is
sound, that engagement is unconstitutional. And
If, under the Confederate Constitution, "treaties
Of amity and commerce" may be constitutonally
formed notwithstanding the delegation to Con-
gress Of the power Of regulating commerce, it
- .orollr tr,,a that troefy yp;obt ha forpod