Argument of Robert J. Walker, Esq.
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Argument of Robert J. Walker, Esq.: Before the Supreme Court of the United States, on the Mississippi Slave Question, at January Term, 1841, Involving the Power of Congress and of the States to Prohibit the Inter-State Slave Trade Mr. Walker said, he appeared only for Moses Groves, of Louisiana, whose defence was meritorious as well as legal. He was a mere accommodation endorser, who had been made a party to this illegal contract, without his knowledge or consent, through an endorsement in blank for the accommodation of the drawer of the note. This is evident from the record; but as the question resolved itself into a decision upon the validity of the contract, the following agreement was filed in the case below. "The case is to be defended solely on the question of the validity and legality of the consideration for which the notes sued on were given. It is admitted that the slaves, for which said notes were given, were imported into Mississippi as merchandise, and for sale, in the year 1835, 1836, by plaintiff, but without any previous agreement or understanding, express or implied, between plaintiff and any of the parties to the note; but for sale, generally, to any person who might wish to purchase. The slaves have never been returned to plaintiff, nor tendered to him by any of the parties to the notes sued on." It must be observed, that it is not alleged or pretended that my client, Moses Groves, ever had the possession or control of any of these slaves, or that it ever was in his power to tender or return them. The notes sued on were dated December 20, 1836, and were given and made payable in Mississippi; and the validity of the contract depends upon the following clause in the amended constitution of Mississippi, adopted October 26, 1832. That clause is in these words - "The introduction of slaves into this state as merchandise, or for sale, shall be prohibited from and after the first day of May, 1833: Provided, That the actual settler or settlers shall not be prohibited from purchasing slaves in any State of this Union, and bringing them into this State for their own individual use, till the year 1845. The question arises only on the first branch of this clause; which, it is said, is but a mandate to the legislature to prohibit the introduction of slaves for sale from and after the 1st of May, 1833. But the clause is not directed to the legislature, and is not a mandate in substance or in Form, but an absolute prohibition, operating proprio vigore. It requires no legislation to give it efficacy to avoid this contract; and none such could prevent or postpone its operation. To declare it a mandate, is to interpolate into this provision words of solemn import. No court can introduce into a law, or exclude from it, words not used by the legislature; unless it be clearly necessary to give effect to the law, ut res magis valeat quam pereat. Now the clause - "The introduction of slaves into this state as merchandise, or for sale, shall be prohibited from and after the first day of May, eighteen hundred and thirty-three," is complete of itself, as a prohibition, operating by force of the constitution itself, from and after the day designated by that instrument; and to change it into a mandate, the words "by the legislature" must be interpolated. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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