ust as much disfranchised, with regard to the government and its
power, as if they were slaves. They have civil rights indeed (and
so have slaves in a less degree; ) but they have no share in the
government. Their province is to obey the laws, not to assist in making
them. All such States must therefore be forisfamiliated with Virginia
and the rest, or change their system. For the Constitution being
absolutely silent on those subjects, will afford them no protection. The
Union might thus be reduced from an Union to an unit. Who does not see
that such conclusions flow from false notions--that the true theory of a
republican government is mistaken--and that in such a government rights,
political and civil, may be qualified by the fundamental law, upon such
inducements as the freemen of the country deem sufficient? That civil
rights may be qualified as well as political, is proved by a
thousand examples. Minors, resident aliens, who are in a course of
naturalization--the other sex, whether maids, or wives, or widows,
furnish sufficient practical proofs of this.
* * * * *
We are next invited to study that clause of the Constitution which
relates to the migration or importation, before the year 1808, of such
persons as any of the States then existing should think proper to admit.
It runs thus: "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 Congress prior to the year one thousand eight hundred
and eight, but a tax or duty may be imposed on such importation not
exceeding ten dollars for each person."
It is said that this clause empowers Congress, after the year 1808,
to prohibit the passage of slaves from State to State, and the word
"migration" is relied upon for that purpose.
* * * * *
Whatever may be the latitude in which the word "persons" is capable of
being received, it is not denied that the word "importation" indicates
a bringing in from a jurisdiction foreign to the United States. The two
termini of the importation, here spoken of, are a foreign country and
the American Union--the first the _terminus a quo_, the second the
_terminus ad quem_. The word migration stands in simple connexion with
it, and of course is left to the full influence of that connection.
The natural conclusion is, that the same termini belong to each, or, in
other words, that if the importation must be a
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