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Show 258 THE MISSOURI QUl~STlON. unconscionably require to have both, and thus add four to the number now preparing, most cruelly, to lift tho arm of the government against the property or the Southern and Western States. If I have succeeded, as I hope I have, in proving the un-reasonableness of the compln.ints of the Eastern and Northern States on the subject of representation, it would, I snppose, appear extraordinary to the people of this nation that this attempt should now be made, even if Congress should be found to possess the right to legislate or interfere in it. But if, in addition to this, it should be in my power to show that they have not the mo t distant right to interfere, or to legislate at all upon the subject of slavery, or to admit a State in any way whatever except on terms of perfect equality; thai they have no right to make compacts on the subject, and that the only power they have is to see that the government of the State to be admitted is a republican one, having legislati vc, executive, and judiciary powers, the rights of conscience, jury, a habeas corpus, and all the great leading principles of our republican systems, well secured, and to guarantee them to it: if I shall be able to do this, of course the attempt must fail, and the amendment be rejected. The supporters of the amendment contend that Congress have the right to insist on the prevention of involun tary servitude in Missouri ; and found the right on the niuth section of the first article, which says, " the migration or importation of such persons us the States now exi ting may think proper to admit, shall not be prohibited by the Congress pri(Jr to the year 1808, bnt a tax or duty may be imposed on such importation not exceeding ten dollars." In considering this article, I will detail, as far as at this distant perioa is possible, what wus the intention of the Convention that formed the Constitution in this article. The intention was, to give Congress a power, after the year 1808, to prevent the importation of slaves either by land or THE MISSOUIU QUES'riON. 2G9 ·water from othei· countries. The d . . b h d . wor tmport, mcludes ·o t , Ca n appllcs. wholly to slaves· · W'tl . l lOut this limita t10o, ongrcss m1ght have siol)l)ed 't • . . ' l sooner und er their gen. eral po1w er to regulate commerce.' anu,J I• t was an an-reed pomt, a. so emnly underotood com1)act tl t 0 S . ' la ' on the Southern . tatcs con s. en tmg to sllllt their }Wrt · ag.l, t.m st the n. nporla t10o of Afncans, no power was to be d ,1 o- i d ' - 1 e co a e to Con o-ress nor were t 1ey ever to be authorized i o t ouc. 11 the questi.o r-. n of' slavery; that the properLy of the So u t ll CI. n S Lutes l.l l slave was to be us sacredly preserved awl . ~ s ' u provected to them that of land, or any other kind of prol)erty jn il E ' as St t · t b t 1 · . . le astern a es Wei e 0 C 0 t lOll' CitiZens. T. he te.r m : or wor (l ' t111· g ratl· 0n' applies wholly to free whites; In Its constitutional sense a" I. t d d C . . , <- ,, n en e by the onventwn, It means "voluntary c1 H mg,e of servr.t ude " frdo m one country to anothei· . Tl Je reasons of I. ts bein' g a opted and used in Lhe Constitution as r, I 1 ' 1ar as can recol ect, were these : that the Constitutio n L c.m g a frame of-government, consi tino- wholly of d l t d . • 0 c ega e powers, all powe1, not exp.re, ly delegated, being 'reserved to the pea le or the State,' It was supl)O eel ' that' wi"tllo u t some exprpes s, bg rant to t.h em of power on the suhJi cct, 0 ongress won.l. d no, t e aut!wnz.ed ever to touch 1.hc question of migration h'tb or eruigra.twn to this country, Jwwcver pressing or n~·ge~~~ the. necessity for such a measure might be; that they could d1e nv1e no such power from the usa' Ot>" es of nati·o ns, or even t le aws .of war; that the latter would ouly enable them to ~ake pnsoners of alien enemies, which woul<l not b ffi- <:Ient · 1 e su 1 ali ' as sp.i es vr. ot 1Cr dangerous cmi(o) 'rants , vvl 10 were not en enemiCs, might .e'~ter the country for treasonable pur-poses, a~d do great InJury; that, as all goveruments })OS-scssed this })OWer ' jt was ncce sary to gi. ve J. t to ou r own which could alone e x·e rci· se I· t, and where, on other and ' much glrcatcr poiuts, we had placed unlimited confidence. it was t tcrefore ' aoo-i.c e d tl tat, m· the same article, the word' migr•a ·- ' |