Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-26

E'"S eSSI0/113 Register.
HOUSE OF REPRESENTATIVES,.
.--
Thursday, December 6.
DEBATE
On ne bill for fir9fecfing the torts and h4r.
6o"rs IF me United StafcS, and f,rescry-
sns' f'eace on The svaters zyifhi, their i,.r.s-
dtcffon.--( Continued.)
Mr.. Il. Criswold. The remarks or the
gentleman have not proved to my mind
that | was mistaken. He suopo,es in
respect to the first idea suggested. tbat
Congress has right under the CONSTITUTE.
on 70 call out the militia 10 execute the
laws OF state, becansea state being part Of
the union, SO are its laws pary OF ihe laws
oi the raion. Ifthis proposition is ,rue, if
the laws oil state are the laws Of theun;on.
they must bind the union, for il is the ps-
turc OF laws to blvd those upon whom they
| operate. Now will that gentleman tell me-
that the laws of a particular state are obi.
gmory upon the whole union? The CON
sitution does not bear along his idea il
only means that the laws passed bv con
| gress'are the laws Of the union. Ofcourse
no power is given by the constitution To
call forth the militia 10 execute the laws
OF particular state. He conceives th,,
under that part of the constitution maki,,r
provision against Instructions, CONGRESS
might cali forth the militia to suppress on
insurrection against the authority of n
state. BE that as it NAV, this bill does
not contemplate calling out the militia for
that purpose. II merely confines itselfto
the execution OLA magistrate 5 Vibrant
therefore that part does not authorize the
passing of a law of,his Kind. air. Crf,-
void was aware that the militia might be
drawn ont to- aid the evil arm, where II
coaid rot effect Its object withINe assist
ance oi the hoSse coniitutzs but he had al
ways thought that the executive OF the
state authority was the proper or-an n
alitor:h the militia 10 execute their own
laws, And are the states 10 be now de.
lprived oil this power? By the constitute
on congress have the power of organising,
arming and dsciplining the militia, and Of
governing such part OF them as may be
I employed IN the service uf the United
States; but, 10 the states is reserved th,
( appointment ofoihcers, and trainiDo, and
he had ever understood that the states
! had the right of commanding their own
militia and calling them forth to execute
their own laws. This being the case.
! where IS the necessity for congress under
taking 10 !egisla.e on this point? The
/ states having competent authority for th,,
purpose, Why not leave il to the states! If
any sla!es should think it necessary to call
out the militia, they could do it with a,
! much disPetch and as efT.c}asl!y as th- u
/ nited states; and all of them, he beiiev-
I cd had laws for that purpose if any of
them had not, they would soon pass them
II they ssw their necessity.
To the second objection the gentleman
has replied; but it cannot be conceived
thst sheriff having warrant can ever
be justified in going out of bis jurisdiction
10 execute il. He admits tina, the war.
rant shall not run into the state of Jersey ::
not because the constitution provides for
| retaining the offender. but because the
\ lurisdic(on of New York does not extend
10 the state Of New Jersey IF this is
reason IN that case, it must be a reason in
this, and sheriff cannot 90 within tbsiu.
rlshicfien ef the United States to, execute
80 .*'iS ets'c wv IMAM nc can 80 lNlO
tba' of = nelghboring state. Ills, haps.
competent to congress- to pass a law to re
turn an offender that has lied from Justice
within their territory; but they canno,
extend the state process beyond WAT The
! stale itself dire6fs-Ihey may, perhaps,
be authorised under the authority of ex.
/ elusive legislation, to pass law direA.n~
offenders who seek an asylum in the dis
4 trietof Columbia, 10 be delivered 10 an cf
Tended stste Bat ,hatis not the nbiees 81
the present bill, nor is there any provision
( OF the kind contained therein. F.nterni,-
4 ing ihesc sentiments he moved 70 strike
! DOT the second section.
I Mr.. Nicholson. The gentlemen does
+ not consider the laws of the particular
! states as par, OF the laws Of the United
! States, because they are not obligatory o.
yer the whole eniou. MIR. ~. slle3gsd
that law passed BY state conformable
to its constitution vas as obligatory oyer
al tho people Of the union, who went into
that jurisdiction, as law passed by con.
gress was obligatory over the whole peo.
/ pic who resided within the United States.
The hvs passed Gor tho government Of