c ion of the United State*, relative to a
powers of congress, which, if adopt- t
-d, will prove highly injurious to the s
interests of the nation. i
Since the passage ol the resolutions I
under consideration, the subjcct matter i
of them has been so amply discussed in i
the congress of the United States, as to \
render it at this time, an unnecessary
and useless labour to assign and illus- <
tra<e, at large, the reasons why this le- i
gislature ought not to give its assent to
them.
Notwithstanding the reasoning of the
Hgislature of the state of Virginia, on
on the language of the constitution, the
committee has full confidence, that the
power to prescribe the prohibition of
slavery, as a condition of the admission
of new states into the Union, is vested
in congress by a fair interpretation of the
language of that instrument.
The argument, chiefly relied on, is,
that the prescribing such condition by
congress is inconsistent with the sove
reignty of the state to be admitted, and
its equality with the other states. It is
admitted that 41 congress, if the appli
cant for admission into the Union had no
right whatever to demand it, as would
be the case of an independent state mak
ing such application, might provide foi
the admission of such state upon the
performancc of precedent conditions,
not impairing its sovereignty." If so,
as the territory of Missouri had no right
to demand admission, the only question
is, whether the right to establish slave
ry Jwi-hin their respective limits is essen
tial to that sovereignty, which is enjoyed
by the different states of the Ui'ion un
der the constitution of the United States.
For evidence that such rit;hl is not es
sential to their sovereignty, an appeal
might be made not only to the solemn
assertion of the unalienable right ol all
men to freedom, announced in the de
claration of our national independence,
and which is adopted among the funda
mental principles of many of the state
governments, and to the reiterated acts
of the general government, in admitting
into the Union the new state* with a pro
hibition of slavery, but also to the en
lightened judgment of wise and good
xnen of all countries.
Slavery is prohibited by the immuta
ble law of nature, which is obligatory as
well on states as individuals. The es
tablishing or permitting slavery by a
state, being thus morally wrong, the
right to do it, instead of being essential
to its sovereignty, cannot exist; except
only incases where slavery being alrea
dy introduced cannot be suddenly abo
lished, without great danger to the com
munity.* Under such circumstances, it
must of necessity be tolerated for a time,
at tne sole means of self preservation.
The painful necessity, may justify the
temporary continuance of slavery in cer
tain states ol the Union, where it now
cxi.-i> ? But in the opinion of the /vrj
mittee no: limy 10 newly
As fai as it may affect the sovcreign
ty of a nation, no material difference -a I
percei\ed between the case. ~ "ere it
surrenders its supposrd right to carry
on a traffic in slaves with a foreign coun
try assenting thereto, and the case of its
right to acquire in any othfrr way, and
retain slave* within its own limits. And
yet several independent nations, and our
own amoi?K others, have, without any
suspicion ol injury to (heir rights of so
vereignty! bound themselves by trca'y
stipulator s, forever to prohibit ihat iron
s' ruus ' raffic. Have they thereby lost
what is essential to their sovereignly?
If from the generality and concise*
ncss of the tet m% used in the federal
convitution, any doubt remained as to
their tiuc construction, in relation to
the power of congress, in trie particular
under consideration, such doubt would
be rt moved on txamining the condition
ol the tei ritory, belonging to the United
Sia'ts, at the time of the adoption of the
constitution, and the obligation they were
under to form the same into sta es, to
he admitted into the Union.
After the United States had, by the
?.rcaty with (ircai Britain, and by a ces
fcion from Virginia an'l certain other
Mars of their claims, acquired an in
disputed title to the tenitory north
vest </ the river Ohio, they passed the
ordinance of 1787, for dividing that ter
ritory intt states, and fnr their admission
in'.o the Uivon. The ordinance is en
titled u artici?? of com|)act between the
original. states wd the people and states
within the said 'erritory forever to re
main unalterable.' It rccites the object
and design to be u for extending the
fundamental principles of religious li
berty, which form tie basis whereon
thcs? rcjiwblics, their hws, and consti
tutions are treated; to fu and cstaliish
thote principles, as the ha** of all laws,
constitution*, ?nd n'overnro?i<<i, which
forever liercafscr snail be forced in said
territory; to provide also fot th? esta
blWH?ncnt of the states and a got^rnnient
there?'., and f?tr their admission nto a
share in the federal an
foot i OK ?*?<?. - As
early a peii-nl as may be consist i t H. J
the general mt< rest " It then pr-.vi?l|^/
one of the aiticles to remain foi
here jdiall be
ji involuntary sen
,v." ? Tiit state
ict of its legislature. The states men- !
ioned in the ordinance, and in ?hich |
tlavery was to l>c forever prohibited, <
t?'cre still to be admitted on an equal
Fuotmg with the original states. Of
roursc, the prohibition of slavery was
not supposed to be incompatible with
Lhcir sovereignty.
The U. States having thus pledged
their faith and hound themselves to ad
mit these states into the Union, wiih a
perpetual prohibition of slavery, it
would seem to he impossible that the
constitution, which was soon after form
ed, and certainly with a full knowledge
of the ordinance, should not have been
intended and understood to confer on
congrcss the requisite power to perform
the obligations.
In further proof that the constitution
must have been so understood, might
be citcd the act expressly confirming
this ordinance, among the first doings of
congress under the constitution. "In con
formity with this understanding of the
constitution, have the states north-west
of the river Ohio been admitted into the
Union, subjcct to a perpetual prohihi
lion of slavery. Most of the other new
states have likewise been admitted on
such conditions, as congress, deeming
ihem to be suitable to their respective
situations, has been pleased to pre
scribe.
This being the construction given to
the constitution immediately after its
adoption, and which has been acted up
on without opposition, and acquiesced
in for more than thirty yeais, it w as not
to have been exptcted, that its correct
ness would at this taie period, have been
drawn into question.
It must be recollected that this co
temporaneous construction of the con
stitution was made by those, who had
the best possible means of knowing what
was the <rue intent. Many of the dis
tinguished members of he convention,
which forme the constitution, were at
that time in the national councils.
Neither these states themselves, so
admitted on prescribed conditions, not
any body in their benalf, have hereto
fore doubted that they were on an equal
footing with the original states, or tha?
they enjoyed all the rights essential to
their sovereignty.
The legislature of Virginia attributes
this early construction of the constitu
tion, so uniformly followed by the gene
ral government, and acquiesced in by
the states, to the score ol misapprehen
sion. And an intimation seems to be
given to the newly admitted stages, that
the conditions and stipulations, on which
they were admitted, and which were
solemnly ratified by them, are of no
binding force. The dangei ous tenden
cy of such a doctrine is too apparent to
need comment.
The legisla"* Virginia adety
" tbr*i ' v*J.' ct addresses nt aa .heir
I ..VJlfgly to th irinteresi. ,
feelings." If tf,c -wusly just and
lon^ settled r the consti
tution, !* " of great national
? 1 eminent, may, in a moment of ex
citement, be set aside in favour ot suit
posed doubts, raised by the excess of
ingenuity of icasoning, no ground of se
curity will remain for the equal lights
of the states; and the foundation of the
Union itself may be shaken.
rvn argument against the power of
congress to prevent '.he extrntion of sla
very to new states is attempted to i?e
raised froin the general scope of the
constitution, and from the nature of our
free institutions. The legislature of
Vitginia says, " It cc.n (.ever be believ
ed tint an association of free and inde
pendent states, formed lor the purpose
ot general defence, of establishing jus
tice, atid of securing the blessings of
liberty to themselves and their posteri
ty, ever contemplated the acquisition ot
territory for the purpose of establishing
and perpetuating for others and their
posterity, that colonial bondage against
which they themselves had so lately re
volted." " Power may enslave them,
(the inhabitants of territories) longrr,
but the laws of nature and of justice, the
genius of our political institutions, ami
our own example, proclaim their title to
break ihtir bonds and assert their free
dom." C,m this have been intended for
ralm reasoning, to convince the under
standings of those to whom it purports
to be addressed, or was it designed to
produce an effect on the feelings and
conduct of the inhabitants of the tcrri
ory of Missouri, then demanding sd
nission into tl e Union'? It is hoped it
-v 1 1 1 never be believed, that this associa
ioti of free states, formed for the noble
purposes above stated, ever" contemplate
;d the acquisition of territory for the
purpose of establishing or extending
>onda^c of any kind.
If the constitution gives to congress
he power in question, it is not perceiv
ed that thye is any stipulation in the
rcaty, ceoing Louisiana to the United
>tates, that forbids the exercise of it,
n providing for the admission into the
?*iiion of the tei ritory of Missouri. The
uovi^ioii of the treaty, which is sup
posed to impose on congress the obli
atijii of admitting that territory un
onditionally, is the following: " The
ihabitants of the ceded ter ritoc*Ahall
incorporated into the UniolJPi the
, and admitted af I'Oti as
U to the principles of
potion, to the enjoy
advantages and
?t vhe Uuted
States." It is not believed that this
provision can have any effect whatever
on the question. The admission into
the Union, is 10 be according to the
principles of the constitution. If con
gress may, according to those princi-*
pies, make the prohibition of slavery a
condition of the admission, then surely
the admission, subject to that prohibi
tion, cannot be at variance with the prin- j
ciples.
The rights mentioned in the treaty,
arc such as are conferred by the consti
tution of the United State* on its citi
zen*, among which the right to hold
slaves (if such right there be) is not one.
Admitting, subject to the proposed in
hibition of slavery, the inhabitants of
Missouri would have enjoyed the same
rights as citizens of the United Slates,
as do the citizrns of the states on the
north side of the river Ohio, or as do
the citizens of other states where slave
ry is not tolerated, and who, as is hoped,
will not soon be convinced that they do
n??t enjoy all the rights appertaining to
a citizen of the United States.
To avoid this conclusion, the legisla
ture ol Vir g in iq contends, that the clause
? accordn g lothe principles of the fe
deral constitution," is no more than a
qualification of the time of admission.
Hat the constitution neither states nor
even alludes to aiy principle whatever,
to designate or determine the time for
the admission of a new state. Such con
struction of those words would there
lore render then wholly inoperative,
and must consequently be rejected.
The toleratiot of slavery in a portion
of out common country, has long fur
nished matter of reproach on our nation
al character. ? S rong hopes were en
tertained, that inrtead of the zeal now
shown for enlarging th? sphere of ?i?
baneful opc ratio*, suitable measures
would have been adopted for its gradual
abolition. (Jongtess, having the power,
is bound by consiterations of justice and
humanity, and by a regard to the gene
ra I welfare of tie nation, to prevent
the further extcniion of this evil.
The attempt towrest this power from
congress, affords just cause of alarm,
it is apparent that slavery creates ha
bits and interests peculiar to the states
tolerating it, and that i. constitutes be
tween them a arong bond ot union.
To this caust is V be attributed the un
paralleled unamnity of every senator
and rep e^ntati*.- of the slaveholding
states, on the pasang of the late act by
congres-, affectirt; this subject.
S'.f.uld mis odius bond of union be
permuted to be tttended, without op
position, it will .oon produce such a
combination of ?aitical power, as may
be sufficient AttWreL*11
the^nir?r constitution, a disproportion
ate s .are of political power is conceded
to the slave holding stales, on account
of their slaves A <c although the equi
valent, ?iven to t:ie stairs not tolerating
Slavery, has in a great degree failed, by
reason ot the government** seldom re
sorting to direct taxation for revenue,
yet no complain: is made, while the ad
vantage is confined to the original states,
the parties tc the compact, or even to
the new states formed out of territory,
not included within the original limits
of the United States, have no < laim to
I this advantage.? And the granting of it
to them, when nothing in their situation
renders it necessary, is an act of injus
tice towards the states not allowing sla
very, and which if persevered in, may
in the end, destroy their just share of
power and influence in the general go
vernment, and endanger then security.
Which said report was approved and
agreed to, as exprcksing the opinion of
?his legislature. Therefore,
tte?i!ved, by tl.e Senate and //owe ?f Refire.
?entuttxt* in fietnai Cowl cammed, That in
the opinion of ? In ? legislature the Congress of
the t'nited States ias, by the constitution, the
ritfbt, 1,1 admitting new states into the Union,
to pr. scribe the prohibition of slavery, as one
of tbe conditions, on which such state shall be
admitted:
That in the case of Missouri, to which, by
the preamble and resolutions of the general
assembly ot Virginia, the attention of this le.
gis'ature has been called, that right remained
in full force, tininipaiTcd either by the treaty
under which that territory was acquired, or
any subsequent acts of the general govern
ment :
'I hat in the opinion sf this legislature, the
existence of slavery within the United States
is a great moral as well as political evil, the
toleration ot which can be justified bv neces
sity alone, and that the further extension of it
ought to be prevented, by the due cxercise
of the power vested in the general govern,
mcnt :
Hemhed, That the governor of this state
be requested to transmit a copy of the forego
ing report and resolutions to the governor of ,
the state ot Virginia. I
Patted (he Home of Pefirenentati-vt* ,
Yeat 194, Au^? none. Patted in Sie
na le, teat I 1, A'ayt none.
YVrtign InteWVgeuce.
Prom the National Gazette.
SPAIN.
Wc have received a series of Spanish
gazette* (the Constitutional Diary of
Barcelona) to the 6th May. They fur
nish a feast to one who takes a lively in
terest in the Spanish revolution. Lvtry
thing in them denotes national energy,
elasticity, arid reform. Patriotism, ta
lent, knowledge, experience, arc shew.i
M fee *11 in lull mid t*lut?ry motion.
The system of ecclesiastical discipline
and administration is under revisioo? ami
subjected to various beneficial changed.
Royal decrees abound, tending to the
regeneration of every branch ol govern
mem and economy, particularly the
finances. The most remarkable of these
decrees is one of the 25th of April,
which ordains, that, lor the purpose ol
giving the people a knowledge of their
rights and duties, and in order that they
may be enlightened on these from the
very source whence they had been too
often deceived, all the parochial curates
of the monarchy shall explain to their
parishoneis, at stated hours on the Sun
days and holidays, the political constitu
tion of the Cortes; pointing out its uti
lity to all classes, and refuting all accu
sations against it:? that the same shall
be done for the children ol the primary
schools, by their teachcrs; for the stu
dents in the universities and ecclcsiasti
cal seminaries, by the regular professors
of the law and of moral philosophy; and
lor the inhabitants of convents, and uni
versally of all literary and monastic
establishments, by their principals. The
decree also directs, that the constitution
be stereotyped at the Royal Printing
Offices, to make a copy of it attainable
for every one; and that it be printed and
distributed in all the trans-marine do
minions of Spain. Another decree es
tablishes an anniversary commemora
tion, with the utmost military and ec
clesiastical pomp, of the death of those
Spaniards whom Murat butchered in
Madrid, on the second of May, 1808:
another prescribes and regulates the or
ganization of the National Militia " to
guard the constitution;" and it appears
that numerous volunteer companies
are forming themselves for the same
| ol.jrrt.
The Barcelona Diary complains of the
fabricated or distorted news respecting
Spanish affairs, given in the French ga
zettes. It traces them to malice chu-flv.
and in part to ignorance of thr Spanish
language. It contradicts the runv>rs of
revolutionary movement* in Portugal,
and the asaertionof the British ministerial
journals, (upon whose tone it animad
verts sharply,) that the South American
Provinces will not receive the constitu
tion. It alleges that the best results are
expected in South America, when the
intelligence of the revolution is ret civ* d
there. It relate* that Ferdinand expos
tulated with the French Ambassador at
Madrid, in regard to the calumnies ven
ted in tne French ultra-royalist and min
isterial journals, against the Spanish re
volution, and that he assured his excel
lency that he, Ferdinand, was the first
and the heartiest constitutionalist of
Spain. Much good pleasantry and keer
-**? at%= imiu.Rv? ... ?i ? ?0ooi?h pa
pers about the leais of the Prussian,
French, and British governments, as to
j the influence of Spanish example, and
the infection of Spanuh liberty. The
French journalists are fully matched in
point of ability, and over matched in
the topics of recrimination, and in poig
nancy of satire. The whole number of
I French troops in the neighborhood of the
Pyrennees, is stated at .?7(>0, and repre
sented as ?? cordon against freedom." Pa
triotic pieces are constantly perfuimed
on the Spanish theatre; a new one, enti
tled " Liberty Restored," was announc
ed lor the 2d of May, at Ha celona.
Some oi the paiticuiar traits men
tioned in the Diary, are full of meaning,
fcc well worthy of being repeated. When
Canga Arguellc>, the new Minister of
Finance, who had nunc fi om the lortrrss
ot Cr uta, appeared for the first time be
fore Ferdinand, the latter would not al
low him to kr.eel, but embraced hiin;
asking his pardon for the ill h had done
him; professed the utmost soirov* for
his suffering; exhorted him to rnain'in.
the constitution, and to rely on his sup
port; and, finally, both burst imo tears
After A ico Aguerro, one ol the he- j
roes of the army o* the Isle of Leon, had
been earned in triumph by the people
of Madrid, he repaired to the Hoyal
palace, and placed his crown of laurel at
the f< et ol the ?' Constitutional King."
Don Augnstin Arguellcs, appointed
Minister of Justice, being in very bad
halih, on his return from imprisonment
at Majorca, was obliged to slop at
Almenat a, a village distant seven leagues
from Valentia. The principal members
of the Catalonia regiment, in that city,
repaired, to the number of twenty-four,
to Almcnara, and brought the distin
guished patriot on their shoulder* in a
litter to Valentia. How different this in
spirit and effect from the harnessing the
populace in Manchester, to drag the
radical demagogues!
Prom the Norfolk HtraLl
We have private intelligence from
Spain up to the I Ith of May, at which
time the country was perfectly tranquil,
and the people were looking forward to
the meeting of the Cortes in July with
a degree of interest bordering on impa
tience. Meanwhilr Quiroga and other*
who commenced the revolution are de
termined not to lay down their arms
until they are satisfied that it in com
plete?They maintain their posts and
station* as a check upon the counter
revolutionary projects of the king and
his party whom Ihey know to he pow
erful and perfidious. It is confidently
believed that toerc will be a patty in the
Cortes opposed to having ;* king, ami
it been even asset ted that he will
be impeached for Vrs past conduct in
overturning the consitution. Judging* ,
however fiom the ptu<'cnl and exem
plary proceedings of the $psniards at*
every step of their revolutionary career,
we do not think thry will t-.uch th^t *
subject but upon the suggestions of ex
treme necessity connected wuh the na? ?
tional welfare.
Tlie solemn protest of the council
against the measures recommended by
the committee of foreign relations in
the congress of the United State-., rela
tive to Florida, *as not published, and
as the president's mrssa^ had been
received, it was thought u,ai j. would
not. It is beli> ved that the council L
favorably disposed .owanls tne Uuned
States, and that with proper maua^.
ment the treaty may be secured with
the Cortes, who have the sole direction
of such matters.
Mr. Forsyth* who had taken a tour of
pleasure to France, did no; proceed as
far as Paris, but stopped a Bordeaux,
and would reuirn from them e to be in
Madrid by the 18th May. It was not
known why he changed his puiposc.
New York, July 1.
By the arrival of the ship Ann Mari
ah, captain Waitc, from Liverpool, Lon
don papers to the 18th and Liverpool to
the 20th of May were received.
Cireat and splendid preparations were
making lor the coronation ol the kiiip,
which it was said would take place on
ihe first of August Tiie expense, it is
said, will exceed one hundred thousand
pound* sterling. The price of a corona
tion dress for a piete-<s is estiniAtud at
one thousand pounds.
Toe celehra.ed Hunt had been sen
tenced to be imprisoned two years and
a halt, and to nivt security a- the t*pi
ration of t: at tern tor his good beha
viour for fiv. yeais.
Lf noon. May 18.
At a meeting ol met chants and other*
inter sted in enc t ade of t'ii? poit, held
a tne 'X nan^e sal< rocin <?* the 17th
instant, Th? '?ias Kictchcr, es"?. in the
chair, a petition to pur'ument against
the restrictive measures on trade
proposed alio unanimously adopted, and'
ordered to r* mam for signature .u tKo '
public rooms unt.i ii.is ? vening; after <
uliich it will be forwarded by the <. air
man to the members for the borough,
for presentation.
A petition was prestntcffto the "house
of commons yesterday week, by lord
Sefton, signed by 4 respectable in' a
bitants of Liveipool, praying mat in th?
new arrangements respecting thr civil
list, the crown may be properly icatrict
. rrt In )U power ol granting pccuons *<
?^m<rurt? without tue un erven lion
1 parliament. "
i News w*s receiredhere on Wednc*.
day morning, and generally credifed,
that Sir I*. Burdett had been condemn*
ed to three years imprisonment and a
fine of 5,OOo/.
A ministerial evening paper says? ?
? We mentioned some time %in-e that
order* had been sent to Sc. ILlena.di-'
reeling a more enlarged freedom to be
allowed to lionapsrte. The expected
return ol Sir lluds>n Lowe is consider
ed as a corroboration of the fact "
On Tuesday week the soldiers were
under arms most of tne ni?hf at Hud*
dersfield. ? Fires were sfcr.n' upon >i,c
hills around tne town, and ii i> sv< the
' magistral s tecetwed sorn? s? ? ret ?'ifor
ma-ion respe.tinr the in'?nd. d move- ,
m< n * i,i t' i adi- n V| v .. re whim*
\ Ca ll ; !>ut this app Hi > tO aVC
'? a l-'iSe alavm, as j!| continur*
(> ? the last Canterbury in rket day,
% l? , ".v void fus \?i!e, with a hultrr
r <u' d ?.i ?t' k. m?: a v*h. ? b' w a' her
brr<tH. foi 5s. w ..in, trc .It p: ^\>d I. 10
( |,i:nh ?sei , ?> c 1 1 *.? r, .u.d avium! soidKpcn:
lit liquor before they pa* . t- <!. *?
A Krcn' li piper stans ? ?? M. Sor
drau, t he I'rcn. !i consul hi Tattlers,
w is met on tin- sri shot e hy the She nffe
S.dy Tey? d-e! M ?Cady, whoeave h'.m a
?tverc bio.* with a ",i< k, k"0' k?'-d
hin> flow n. I he r. nsul complained to
thr ? mpcror of Morocco, who, anxious
to show hi* resprr for Europeans, or
dered the ShcrifTt Si.ly Teyed to be put
to death; reserving, however, to tho
I French consul the power of pardoning
I the offender if fie thought proper. M.
Sourdeau nave a noble example of ge
nerosity, by hastening to pardon his as
?ailani."
The elcctor of Hesse lately sent a
commercial traveller to prison for six
months for finding fault with the stato
of the roads!
The Caledonian Canal, now carrying
on for avoiding the tedious and dange
rous navigation round the northern and
western coasts of Scotland, it truly g?*
gantic; when completed, fngatcs ol 22,
guns will be able to navigate it; U?e
depth ia to be 20 feet, the width at the
bottom 30, and at the surfacc of the wa
ter 110 feet, and the sluices from 163
to 172 feet in length.
From Ilirmingham it is stated that
the poor house is so crowdcd thai the
inmates can only sleep by turns.
EAST INDIES.
Advices have been received from
tavia to the middle of December last:
the Dutch had made two very desporate
attempts, but wiihou1 success, for- ak<".
a plate of considerable importance on