Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-22


bounds, aal i, resisted il maxim; MIS- ar
rest, the arress Being lille gal an without
che o3o3 :ciy, lac resistance nay bel-elily
justified. tfth=.e oL;c 1ions are inbound
cd, tn- gentle nan will be good enough to
shew in what, aud at the sane time we
shall be glad 10 hear what are the reasons
fer the propositions c" tainsd in this part
OF Ike bill.
Mr. Ncho,so .nitted there MIGHT be
some di.i: 1ly me provisions Of the Sec
ton, but he tered himself thsy might
be got ovs He considered this as the
most important pact of the bill, and he
wished to preserve it in order 10 prevent
or puuish IN future the Offences which had
lat year been committed with immunity:
From the intOrnl,loo he -ad received, the
greater part 81 the offences c, mitted last
summer were CT II ni,ted in the body OF
county; those particularly which uni.
versa.iy excited th: most Just Indignation
al the Clti2ens OF the union, we're Commit
ted silacr IN the >2iy oF a county or with
IN the IIrisd.Glon oC 4 state some were
committed G,t,,in the Irlsdi :tIon of the
United S,ate,; but th- greater part were
con nitted IN the places before mention
ed. Hence il b-cames nece,sary that
some p 'vision should be made for tax.
in,s oTsndsrs Whsl the strength OF a
county OF = safe is insufficient to arrest
them.
The objections Of the eentl.man from.
ConnecucuI are two fold first that we
have no constitutional authrriiyta call gu,
the 'nilitia 10 execute the state laws next
that STATE oiicer has No authority to GO
beyond ihc iuris Ii ctiou Of the state to ex-
ecUfe his state process. On the fire. pr>int
NJ. y. had entertained strong doubts him
self WHEN contcmp plating tbs sfoI q bu,
on l0Ukibg into the cons,itntion again,
there dad not appear TO he SO mach room
Tor doubling as he had first unprecedented
The constitution provides tina c0nyress
shall have power 20 call forth the militia
10 execn'e the laws ocihe Iniou. &c, The
laws Of The union may BE- exclusively c1n-
sidered The laws passe4.by con gross. ~,
may not the laws of every state be also
Con-ideNol IS laws Of the uniDn f,vcry
state iornis part Of the unipn and If 30
the laws Of every state form part ef The
laws of TIE uuinn. HOY tsr s'A'e has
the power to cali o'It the mijia for the
purpose OF executing Us state iaus, he
could not determine, bat it appears lhsl
congress nave the power to call firth the
militia, no, oDty'io execute the Laws past
by Congress r3r 1is whole uDi1p. bu, To
execute The laws past by each state, rs
each state is a part otthe un on; Jlie Whole
forming one c09federacy, the whole are
Interested in The due execution Of The laws
of each.
The subsequent part Of the clause Of he
constitution provides for sup PRESSING IN
surrecijo1s; and he asked if in,urrectinns
might not be against the suth1rtg OF
state, as we'll as against the United States.
ard he further asked ifa resistance To the
civ Authority about 70 executs process
may not be terraed an insurrcGtion, when
that proc IS is issued under the authority
OF state, es it would be, if the process
issued under the authority OF the United
States. Ii the NocthaR stem insure Sion
had erIseu irsm opposing the execution
ot process from the state Of Pennsylvania
under It's own lava, instead of opposing
the process issued rcom ihs district Of
PENNSYLVANIA under the laws OF the union,
would 1t not have been as much an insur.
reckon agains; the authority Of the STA {
as il WAS against the United States. He
thought, upon the fullest consideration he
had been able 10 besio~ on the subject,
that IN passing this section W. should not
Ovcrle~P the boundary of the Constitution,
believing the laws OF every state to be a
part OF the laws of the union as every state
was part of the union.
The second objection may perhaps er-
cite some doubts IN The minds Of some
gentlemen; but he begged leave TO sug-
sest case that might happen, and probs-
bly, will happen, IN wirch he thought q
state officer would be justified in going be-
yond the boundary Of state to execute
his process. The body Of the county Of
New York extends upon the water to the
north cas-, end of Staen Island; from
there TO Sandy Hook IS not in any county.
bnt within the jurisdiction of the state.
II the crew Of vessel lying below Staten
Island shnuid come upto the city of New
York and commit OUT ages upen The clu-
zens--say, shouId perpelrate murder, this
is an offence against the state; the United
States could issue no process in this case.
The state officer therefore issues his, the
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