Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-30

awarded 70 iei &c ro,son;nr of Senator Bishop, was
la 70 that used by Judge Nelson IN the supreme
court hou ,L;s ;rdoment be Il
,orso1 he members of the court unanimously Vol
ed i'm the negative Nheteul''i' ~
supreme court was affirmed .,o
In , more recent case, a writ &c hoR'Re ~ePe.'""
having been sued out, Il motion was iiaGe III Aesu
sa7 6 tho claimant of the alleged slave TO quaSh .e
, on tho strength of the previous decision oil the
nnr.r,e court The court, Nelson, CHEF justice, pre-
siding, directed the motion to DC suspended u.. ,'
r.rt snccal term. In the meantime, Inc attorney TOT NV
hid Ieavr TO prepare and serve ms deciaTatio
a., attorney for the defendant had leave to plead the
d;nrs had before the Recorder under the act OF
fCongrnss. TO which the plaintiff might demur, WIN
view to enter the formal Judgment OF 'he suPten.s
court so that the might Dc removed 10 1!e co "
dernier resort III the 9Ite, iot ' ~ r.
constitutional question: . =
Thus the matter stands in Sesr York, according to inc
,cst renors of decisions of that State We have on'
little to add what Judge eso" mas sa'd upon Tue sun
icct. ,;l oo,;, .
,a,Sa q of the Constitution, person held as slave
- ono State under the laws thereof, who escapes INTO
another is not to be discharged from slavery by means
of any law or regulation existing IN Tie State To WHICH
| he escapes.
| Tho owners property being thus secured and pro-
footed by the Constitutions, lie has the same right to
take posscsson of his slave wien nc hnds i! III me
state 10 which he escapes that he would have IN me
State from whchhe escaped As, upon an escape from
ono county into another Of the same State, the owner
NAV take possession of his slave in the latter county
without any warrant process whatever; so, upon an
escape from one State into another OF this Union, he
owner nav in like manner, under the Constitution
which governs the Union, take possession Oh ms sa'e
/ without any warrant CT process
If in The State to which the slave escapes, there be
any State law State regulation 10 prevent the owner
of the slave from taking possession OF ms slave anu
carving him away, such State law or state iegu'!o
Cans
States and this Constitution being the supreme law o.
,hc land the State law, State regulation WHICH, No
lates the same is null and void
But there may be question, whether lhe pel"DH u :,
is seized was in truth and in fact held 10 selNo
another State under the laws thereof is tins queso
10 be tried by jury in the Stale IN when inc
takes place. Certainly not The counsel wac
6 Dshs IF o f fs Very S Correctly Observed
..,hc Constitution evidently conemrates !"WmaF!
Investigation The fugitive is TO be delivered up OF
claim. These words import summary proceeding
of" said he ssit intended to declare uhat iugitV
servant should be delivered up after trial and judy
mcnt attended with all the forms Ct the cohihHi
. law, the words son claim would be idle nc con"
not be said to be delivered up on clam, whose suefeh
: der was the result CT final and conclusive Jcug
{ ment" The counsel said most truly, :. that the cit'
= zens of the savcholdng States wouc never nave con
scented to subject themselves 10 the necessity OF es
- blsh;ny their claims their fugitive slaves before J"
" rcs composcd Of the inhabitants o. non-slavchna'h
ty by proof that would satisfy the strict common Ia
rules of evidence on jury trials and the great delay an
expense of successive appeals, would render even III
successful prosecution OF cam TO service III tie Sta
= in which the arrest is msdc in the ordinary node
- trial and judgment, vexutous and Improbable 10 II
;, claimant.
Is All that the claimant las to do is to show, in sun
=. mary way that the person whom he claims was ii
- slave III another State.
" Ought this inquiry to be gone into before any Stat
aclinu Ms SuflS Ii would not.
$, 1t was said by Cor. RaHGoipt i'll the Irgtm" COZ
H. ycnton, that every government necessarily inVoN'
= judiciary, constituent part II teen feGer
judiciary IL necessary what the characters OF
powers That il shall! be auxiliary TO the Federal u
81 rernmcnt support and maintain harmony between u
United States and foreign powers, and between Giiic
NO cnt States, and prevent failure OF justice IN cas-
10 which particular State courts are incompetent
~ this judiciary be reviewed relative to these pt
poses think it will be found that nothing is grant
> which does not belong to a Federal Judiciary Sc
r defence is its first object Has not the CONSTITUTE
said that the States shall not use such and such powc
and given exclusive powers TO Congress? II the Sta
-, iudcIarcs could make decisions contormable TO
laws of their States, IN dcrogaon TO the General Y
: ycrnment, humbly apprehcnd that the Federal y
80 vcrnincnt would soon be encfoachcd upon. II par
cular State should be at liberty through It's judiciary
:, prevent or impede the operation OF the General \
~ vcrnmcnt the latter must soon be undermined. II
w. then necessary that It's jurisdiction should extend
af all cases in El,c-:sr4 ;. ~s.r o,"v-u s!tu'cs
~ In the convention of North Carolina, Mr. Du~;e 8,
~ ~, erpcars TO me that the judiciary 1ug TO be CO
pcent to the decision Of any question arising out OF
M Constitution itself On review of the principles OF
tree governments 1t seems TO me also necessary u
Ia the judicial power should be co-extcnsive with the
gislative. 1t is necessary in all governments but p
a. tlcuarly in federal government, that lis jndcla
should be competent to the decision of all Guestio
cd arising out Of the Constitution" Again, he said
Every member who has read the Constitution with
tenon must observe that there are certain fundamen
10th, nj
h which being intended for the general advantage OF
81 community, ought not to be violated by any future
IN. gslaon of the particular States. Every member
agree that the positive regulations ought 10 be carr
m INTO execution, and that the negative restrictions oug
:, not to be disregarded violated Without judcla
~ the iniuncons of the Constitution may be dsobcyt
ioI and the positive regulations neglected or conravs
.ad eds
Ifthcre be occasion for the exercise of judicial pow
is in any arising under the provision OF the Cons
or tim regard to tugItlrcs from labor, such jude
,to power should be exercised, BY State court,
IN under art. B. ., should be exercised by court
If the L. S: and Congress should, under art /, sec
res make all laws necessary and proper for carrying II
cC execution the power vested the judicial departing
hn q. Decisions as 10 Fugitirc CfjminGis.-under
,h Constitution of the United States State within
eli Union has no more right TO afford an asylum to pcr
az charged with crime in another State, than to The
he who have fed from service labor. ellie States
,io says Mr. "RGare, considered common fam
En- whose harmony would De endangered if they were
In protect and de,ain such fugitivcs when demanded
he case by the Executive authority Of the State,
pursued in the other by the claiming an int
H., est III their service.
ms The question: whether theft is felony of such
or ture TO make proper that the offender should be
vcred up, has been discussed in the American cour
nv when the delivery to be 10 foreign State-and
l that subject different opinions have been expressc
but the judges have all agreed TO the propriety
ole delivering up elons charged with stealing property
~, State w:thin the conicderacy.
M In the Of Peoptc v. Schenek Johns. Rep AZ
ne the prisoner indicted in the city of ltn York
AS felony in stealing gun: and there special "
nd DICT which found that the prisoner did teonousy ste
v and carry away the gun in the State of icr Jrs'
3f The supreme court OF icr lork held, that the prison
to entitled to be discharged upon the indictment
he that Stale, but ordered that he should be detained
Ut prison for three weeks; and, in the fne Stale Of Il
he no'.ee 10 be gwen 10 .ne on charge
ct that time, he must be discharged.
cr In SmnoHsS case Binn. Gl7 the prisoner was i
at aicted m the city Of Phaddphia for .clonously sca
m ing and carrying away some silver spoons md o;bo