which they were to exercise their authority.

The expression is—and this, let it be remarked, was made before the seat of government was located - that over any spot "not exceeding ten miles square they were to have exclusive jurisdiction," as also the same over the other places, above enumerated, they should wish to purchase of the different States. Among all that has been said or written upon this subject, of the power of congress over the spaces allotted for their use, we cannot but come to the conclusion that no State is to share the power of legislation with them, and that this power of legislation is exclusively in congress: the States relinquished their right when they ceded the territory.

Article 2d, section 9th, first paragraph : The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by 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."

Though nothing is said, in this article, what is meant by the words migration and importation, as respects persons, we will admit, for the sake of the argument, that they referred to slaves, though it might be supposed the putting on such a forced meaning to the word migration was altogether gratuitous, and ought not to be allowed; and even the expression "importation of persons" might, without any great departure from the principle of construction, mean any body else beside slaves.

Yet we will let it all pass, and say it was slaves that was meant; and, in so doing, we must confess here was a great dereliction from duty; and though we cannot agree with some that all the delegates who formed the Constitution were sent there to have such a sentence inserted in that instrument, yet it must be confessed there was exertion made to have it done; and our fathers, in imitation of the reed that bends before the storm, gave way to the influences around them, hoping they might erect their heads after the wind had passed, with more security of escaping the destruction which they might think awaited them had they been less complying. But, even here, they studiously avoided the word slave; and they gained a point; for, in the Confederation, they had no control over the subject in the different States; but, by this act, they could bring it to an end in twenty years, and they have so done. They have further declared the act to be piracy, with the penalty of death attached to all those who should be found engaged in the traffic. Our southern friends can decide for themselves, whether is the greater crime, buying slaves in Africa and bringing them to these shores, or buying them in one district of this country and sending them to another. For ourselves, we can see none, and must conclude, if it is piracy in the one case, it is robbery in the other. Their country has branded the foreign slave-trade with its proper definition, and we hope a brand equally as infamous will be applied to all who may engage in the buying or selling their fellow-men, whether it be on the land or on the water.

But it may be said, for this acknowledgment of the lawfulness of slavery an equivalent was given; that a clause, which had been introduced by the committee of detail, stating "no navigation act should be passed without the assent of two thirds of the members present in each house," should be omitted, the Southern States being anxious for such a clause, and the North not wishing such an one; and, because that clause was omitted, the North is now bound. But here, again, the bargain is up, the time for its continuance having ceased in 1808; and now the North have as much reason for such a clause as the South; in fact, if that clause had been in, we never should have had an embargo ; and our merchants, whose interest was here unworthily sought, had, in the distressing times of that restriction, to pay the forfeit of their selfishness.

Article 3d, section 2d, first paragraph: "The judicial power shall extend to all cases in law and equity, arising under this Constitution; the laws of the United States and treaties made under their authority," &c.; "to controversies between two or more States, between a State and citizens of another State, and between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State and the citizens and foreign States, citizens or subjects.'

This section refers to the powers of the judiciary; and, as perhaps it may be one of the most important, it deserves the most profound considera

tion. As, however, we are not connected with the law technically so called, we may and undoubtedly we shall be excused, if we do not, or cannot, explain and illustrate all the bearings of its different phrases, or be able to illustrate in so full a manner as we could wish the meaning of the term "law and equity, that may arise under this Constitution." But we do think, if we know the meaning of the words "law and equity," that it would be in the power of the slave, or any of his friends, to bring his case before the Supreme Court of the United States, to ascertain whether he can be held in bondage consistently with "law" or with "equity," or consistently with our present Constitution; whether it acknowledges in terms, or by language, in its ordinary acceptation, that could be so construed as to give one citizen or one person of the United States the right over the liberty of another; whether, in the view of this Constitution, all of the people of the United States do not stand on an equal footing, and that it does not acknowledge, by that clause in the 4th article of the amendments, "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated;" and also, in the 5th article of the amendments, no person shall "be deprived of his life, liberty, and property, without due process of law; "and also, in the 8th, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted," —the great truth put forth in the Declaration of Inde

pendence, that "all men are created equal, and that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness," &c.; and that this is the principle on which to found their judgment as to the "law and equity" that should be awarded to every individual embraced within the limits of the United States, universally -not to particular individuals, not to black, yellow, or white, not to the free alone, -but to the bond, if there were any such. The words are "the right of the people to be secure," &c.; not to the FREE people, but "the people," without distinction, and "no person shall be compelled," &c.; not no free person, or no white person, but no person, applying person universally; nor shall "excessive bail be required,” &c. "nor cruel or unusual punishments inflicted;" and, consequently, if the black man, or the yellow man, can maintain his character as a man, then must he come under the denomination of one of the persons or people spoken of; and, consequently, no State legislature, or any person in a State, no, nor even congress itself, could dare presume, under this clause, and these articles, to hold, or restrain, or punish, any individual, unless for crime or in case of rebellion, against their consent. The language, it appears to us, is explicit, plain, and straight forward; and if there were, or could have been, slaves, after the Declaration of Independence was adopted, this article, with these amendments, were amply broad to meet every case;