Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-02-28

received its quet"s Friday last--it was the last O
the Inter- at present before the General Assembly
To THE EDIrnRs THE CONSTITUTIONAL VINO
T'hHfmfit: Some while ago. say years, citizen 81
Nout Carolina visited Philadelphia taking with him his
VHu "a save after being there few more tina
four his slave claimed be free. The master SOUGHT
ana was informed his slave entitled his ibo
y he reluctantly submits the opinion However afe,
some little while he thinks he had acted hastily, again
calls on his lawyer, and is told, there ire c ltie,
ing ms case and encouraged bring his right before
'ouhaI- Accordingly. IN pursuance Of this advice
he applies to federal judge for warrant Who tells him
that federal Judges do grant warrants Query can
federal Judge be without, the nu,hor;tr 40 60, 49,
ra nts?
From some authority (vhetler national or state, do
ho rccoIlect warrant obained and the case came
before federal Judgc lie decides he has no nizance
practically declaring the national constitution is nor the
supreme law oil the faud, when slave property is saed
III non slave holding If by the laws of Conpres
"efai Judge Is not authorized take cugnzauce OF
sue cases. by The ncipent process warrant, or some
h precep by what other, they be brought the
federal judiciary: there be none In. ma
e' cannot sure ms slave, without admitting his prctensous
10 an equality aud consequently the Sd article and ID sec
oh OF the supreme law, declaring judiciary 10 extend
10 all cases IN law and equity arising under the
uon ana the laws of the United States, between citizens
Oh different States will remain pa tally imperative Per.
maps "e case now under review thought be be-
tween the citizens of different States one Of the pares
ICING slave by The laws of aud by
e laws OF another; yet surely collision between
S'ate laws and question of right liberty and to
perty not arising under, events protected bv the
uwS OF Congress, enacted PURSUANT the constitution
he master not having the benefit of common suit or
Vi "rpanr, or any similar citation, had he attempted
his right by would have been nv
ntrity perhaps bound give security answer for
'"1'i Vi the peace, fid Ii he refused unable
procure security, he might been sent TO urison in the
City OF Washington Such are some of the nr,ha Ia
consequences southern citizen is bile to- when not
Z" !" MS rights by federal authority, should venture
10 endeavor to preserve service of his
"ea 10 pc ms property by the laws of his
ana confirmed to him by the supreme law of the land
nave no design to say 'Cord what light have been or
WHAT ought To have been opinion of the Judge after
regular trial which could have by the means of
caranf; he might have decided slave was or was No,
He'' ana ms decision legal.
My Only design IS say, why think the federal Judge
e 'sh 20 grant warrant to bring before him slave
" 50 a'hI''ed to be by the federal constitution, had
e service OF Ills master, and for doing plea
Le law OF Pennsylvania. plea to be entertained 10 le
and to be udi,aly decided by federal auhori.
~ because dh involve federal privilege. capias Ina
been issued by federal Judges tecncay there NAV be
ianc'ed difference between summons a warrant and i,
dfS' nevertheless they are precepts aiming the same
result c7pias is the peemory, perhaps allowing
40 pan out ny Judge or court-a more mild
admitting the officer accept bail-and summons vet
Ii' peiHe notification to appear beIer like muir
deeT deserves to he arrested by capas md other mn,
'hed with clIn'liraity by tie mler preecpts Can ia
deraI or any Judge, having the authority TO order cauias
e mayor inepent prccept, be without the legal rpht to
grant the MINOR; warrant summons? The real obert
1 enef A these citations is 10 bring the supposed often
drr before some tribunal, for fnned;aie trial or pu-
hshmen but to his appua arce that his conduct
may pe investigated according evidence and law fe
dera Judge by his precept bring be fore him iui
soheh debtor, and as the may be- restore him to ber
~ ADMIT nm to bail or rc-dcInand him prison. ca
olns before him by his viola of the peace and
MAKE nm give security for his good conduct for his APP
earance at Court, send him prison; vet he can not
grant warrant and specially bring before
n slave deserving hrs duty hrs owner, had legal
gTt to his laboHr by the law State insured to him
by the I'd section of The 4 article of the constitutions and
ny e laws OF Congress made pursuant thereto, and this
N n rplpr H.
snow federal Judges may grant warrants.
Ought federal Judges by their own code of regulations
for the convenience of business, narrow their judicial an
horY: BY doing they cireumserite the yiohts of Tho
citizens who value their federal privileges and nmvne
If the master had when his became contumelous nut
MN INTO prison. and then had the federal Judge been an
pied to for writ Of habeas corpus the presumption is he
W"u" nor nave refused to grant II declined take cog
nisance of it, aud he night relieved the slave fron,
cohhcne"t or have secured his appearance the proper
court, or have restored him TO his master. Would not
warrant IN behalf Of the master had tine legal effect
OF securing formal legal examination? the law of
pennsylvania bad been Judged be constitutional the
slave would have had hrs freedom awarded him; and il not
we masters right confirmed. decision open appeal
by either party to the supreme Because value
" freedom exceeds the Of 1000 dollars and cons;i-
uuonauy Of law when questioned is always consdera
oh BOT an appeal; and this vexaous subject would have
Oeen concusvely adjudicated and thereafter the la VS. Of
" 7''e "ouc continue 10 be federal rights and
opaaze state officers and state lawyers their COLI
SUI" VI 'Iect conflict with the laws Of another state,
pccg what IS property, would no longer be experienced
a FEDERAL judicial jurisdiction over laws would be-
as intended to be, paramount and would again
assume lhc right TO say what shall be the property
visiting citizen from another state But now if citizen
81 the south shall visit Pannsy and shall for
MS convenience take with him his ssvc whose service his
es property he viii be deprived of il although he appeals
70 the supreme paramount law of the land protection
Hence, state Of the SOUTH without she is willing 10 be
less independent than state north Of Delaware must en-
neaNo 10 project her citizens rights, and do may re-
ta'ate N any manner most agreeable to her policy.
was 70 prevent such painful conflicts between states
"' me Ieoea constitution and the laws made pursuant
nereo as deerced by tie people Of states to be pa
Id"onp' 70 STATE constitutions and laws. Notwh-
ShS& ms, federal judge declares he has no right to