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

er 10 The state oIuccr expressly, and a. that
case, il Resistance he made, most indub-
tably i, is felonous homicide.
MIR. Nicholson was not convinced by a.
ny thing which had been said, that con.
gress have not the authority To call out
the militia in order TO secure the execu-
ton OF the state laws but he was not ge-
herally tenaciousSof his opinions, and he
would 5e The las, man in the world 10 give
hrs assent TO the assumption of powers
not granted by the constitution, and if any
reasonable doubt existed he would GER
tai,'iy refrain from pressing the question.
He had no objection 10 the alteration pro-
posed by the gentleman from Pennsylva-
mia (Nr. Clay,) but he could not consent
to strike out the whole section. as he con-
ccived it gave the very authority contend.
ed for by the gen;lSrnan from ConneG t;cut.
He wished the bill to be rendered as Elf
cacioEs as possible, and in order to remove
the objection raised by doubts as TO the
consiitu,ional,y on account of calling forth
The militia, he was willing TO strike that
part from the bill.
Mr.. c.. w. Campbell This section
contains principle of much Importance.
though not yet touched upon by any of
the gentlemen who have engaged in the
discussion and the manner in which the
house may now decide thereon will go To
rs precedent upon which the freedom
and independence OF the individual states
may be placed in jeopardy.
1'he list object in the section is to au-
thorse state officer, acting under the
state authority, to so beyond The limits
OF such, and ofcourse beyond its jurisdic-
ton, 10 execute state process upon an Of
fsnder escaping from Justice. He did not
believe that the United States were COM
pe;ent to give such authority, or that the
Ccited States could extend the laws oil
the several states beyond the boundaries
oil the state for which they had been en-
acted. For this reason he meant to OPP
pose giving this authority to a state GILL
Ger, but he would be clearly in favor Of
making such provision as would more ef-
fectuaiIy preserve peace in the ports and
hSrbours and waters Of The United States,
and at The same time remove the doubts
suggested by gentlemen on both sides.
lie would be for Introducing into the bill,
,nsiead OF tue present section, provision,
that when such crime shall have been
COMM ted, and the party charged had es-
capped into the United States jurisdiction,
the state officer having received the state
process might exhibit the same TO pro-
per officer of The United States, who
should issue new warrant, aud upon
such warrant the offender escaping should
be- arrested. This nc conceived to be the
only mode IL which congress had 4 con-
- ~,
10 aid the state government in apprehend-
ing offenders. He was clearly OF opinion
that the powers OF a sheriff could only
correspond with those vested by the writ,
which never did more than command the
person TO be taken, it he be Found within
your bailiwick or county it you extend
his powers in the manner contemplated in
the bill, the state officers of Philadelp hia,
Iili be 4 .patchcd with state process TO
execute In Charleston.
He had always been Of opinion that
each state had right 10 call out its own
militia, 10 carry into sfscl their ewn laws
ard that the United States cannot require
it Of any state Officer TO call forth the mi
lila to carry into efeGt the laws OF such
state; but he was also Of opinion that
congress may auihorise state officer &c
call upon The United States officers 10 aid il
the apprehension of fugitives from justice
but here we could only authorize them
and not compel thsnl to make such call
il we could we should annihiIate the very
existence Of the state governments. This
provision being made he would go further
though he was not wiling 10 authorise {.
very justice of peace to call to his aid the
military and naval forces of the United
States, yet he was inclined to draw out
this force whenever it became necessary,
under the direction Of proper officer 10
carry into execution a state process
where state was incompetent to that OBJ.
jeGl.
He would briefly mention another oh.
jecton. II was TO that part of the se6ii-
on which relates 10 punishment in case oil
resistance. He conceived this TO he al
together unnecessary. When the United
States auhorise their officer To execute q
process, he is armed with ali the requisite
power for its accomplishment, and as long
a. he acts within tile authority given to
him ne will be justified in his conduG
and all who oppose him will be guilty oil
such a crime as is known To The laws in
the quarter where opposition may be ri.