Negro Seaman Act - 1822

The great divide between Jeffersonian republicans and Federalists regarding states rights is manifest in this legislation.  Federalist theory asserts that the U.S. Constitution reflects the will of the people not the states.  The Republican “Compact” theory asserts that the national government is a compact between the states.  How can one separate the states from “The People”  they are the same carbon units.  If one acknowledges the right of states to exist then one must see that they are also “The People“.  The same people represented by the federal government.  If Jefferson is right - that the Constitution implies a compact, then one would send STATE representatives to Congress and all federal law would  be generated by state legislators in their Federal role just as Supreme Court justices had state circuit court duty in addition to Federal responsibility.  It was clear once the Constitution was adopted that the people of each state elected congressmen and senators to participate in national government directly.  The armature for the compact theory was gone.  That armature would have been that state representatives  had a dual role - state as well as federal.  If state and federal lawmakers were the same elected officials then the officials from South Carolina could have proposed a national law that disallowed blacks from embarking at ports and the Supreme Court would have struck it down as unconstitutional.  South Carolina loses either in Federalist or strict Republican terms.