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Show 286 OPINIONS OF MADISON, JEFFERSON, ETC. be admitted into the Union, as is done by the third section of the fourth article, intended that th ey should l>c admitted with all the rights and immunities of the original SLates retaining, like them, all the powers as to their local govern~' mont , all the powers ceded to it by the Constitution. 'rhat if conditions of a character not applicable to tho original States should be imposed on a new State, an incquality would be imposed or created, lc sening in degree the right of State sovcroignty, which would always be dcgra. c1ing to such now State, and which, operating as a 0011_ diLion of its admission, its incorporation would be incomplete, and would al o be annulled, and such new State bo severed fr·om the Union, should afterwards assume equality, and cxerci e a power acknow lodged to belong to all the ori· ginal States. That tho proposed restriction to territories which arc to be admitted into the Union, 1j not in din?ct violation of the Cousli/u/'ion, IS H.EPUO NAN'l' TO ITS PRINCIPLES, since it is intc•tHled to produce an elfect on the future policy of the new States, operating unequally in re()'arcl to the original States, i njnri ng tho e affected by it, in an interest protected from sneh injury by the Constitution, without benefiting any SLnLc in the Union; and that, in this sense, it is repugnant to the generous spirit which has ["so long" erased] always existed and been cherished by tho several States toward each other. That t.he first clause of the ninth section of the first article, whieh provides that "the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congro.s prior," &c., in whatever enso the term migration or importation may be understood, whether as applicable to the same description of persons or otherwise, confines the power of Congress cxclusi vely to persons entering the United States, or who might be disposed to enter, FROM ABROAD, and pre- OPINIONS OF MADISON, JEFFERSON, ETC. 287 eludes ALL INTERFERENCE with such pwr on.c;, or any ot1Jer persons, who had previou. ly Clltcrcd according to the laws of any of tho States. 'rhat by tho third section of the first article, whereby it is provided that representation and direct taxes shall be apportioned among the several States which may be included within this Union, according to the whole number of free persons, including those bound to servico for a n11rnbcr of years, and excluding Indians not taxed, thrcc-fift1 1s of a1l other persons-[the words It the persons held 'l·n bondaye" erased,] slavery, as existing unclcr the Jaws of the several States, [the word tt wer·e" ernsed] was not 011ly recognized, hut [the word "secured" ernsccl] its political existence was secnred lo the States, which it would be n11jnst to the States within which snch persons arc to deprive them of, as it would be in hnman to the persons themselves. That should the slaves be confiued to the States in which slavery exists, ns tho free people will conLinuo to emi()'rntc b 1 the disproportion between them will in a few years be very great, and at no distant period the whole country will full into the hands of tho blacks. As soon as this di:proportion rcnches a certain State, the white population would probably ahn11don thoRo States to avoid in surrection and massacre. What would become of tho country without SLates? Would the general government ["protect" orascd] support the owners of slaves in Lheir au thority over them, after the States individually had lost the power ?-or tho slaves being in possession of those States, and independent of their owners, would the Stntos be rcco()'nizcd as belonging to them, and their rcprescn tati vcs be rccci ved in Co11gress. That it would be bettor to compel the whites to remain, and the blacks to move, &c. . 'rhat slavery is not the offspring of this Revolution; that It took place in our colonial state; that all further importati'Jos have been prohibited since tho Revolution, under |
