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

NlIE mn n a.. ~,
- s ;r,.res,s and views had already appeairu ~ ~.
,nn Ii was therefore fiji and proper iAa we
a,.r should be placed under the contro Oh "" 80 !
where the rights and interests Oh ". I'D nv local !
80 of The country, liable to be influenced " =: ,
w.. oo,I;,r causes would be regulated Win a., ~.
enendent and impartial regard to all was lost
affecting citizens at the time, more y -, act;or
rr mart of the Union-a uniform RUE ieSps
pa desirable and could be attained only ny piac-
- = under the action of the national So'e! "
NAV add also that the power OF @ ,o Cost,
To The States is in no instance derived iic I'm 80
tuition of the United States pus nth, mass on the
sovereirn authority, any law they inSit pass t.
t;o, e,rond not be binding beyond their Ju[ suc'o
and anv prccept authority gwen IN . G
!, would convey none to the owmer 10 te, NV is
80; horond il: the authority OF each ola'e 'ntous
1--WE W! onu ass,rv 10 pass would become indlsPen
sable dill, dro % tho law of
200 - con,.nporaneous exposition OF the cohst,.u-
,onal provision. II was passed ABOUT loui ,hch
,bn oJrntou Of the Constitution, by congress WIZ.
-, al enc Of the most distinguished ncinbers % VIZ
Convention. A. the distance OF ~ years, we siou
hesitate long before we came 10 inc co'ir;i ,rm
n ,s committed in the construction OF inns ihs'ru
eito. ""a smch circumstances, and which has been
go ;noa ,ccu;csced in, SO far as We know, WITHOUT
ono,;nn Our own statute books also show that Gown
~ lst9 M attempt had been made here by State iegsia
,;o ., ;r,rrf,rc with this regulation OF Congress.
.sh,II The certificate OF the magistrate uhasi ''e
la, nf l7a3. which declares it shall be suitc'eh'
warrant for removing the fugitive from labor 10 'i.e
STATE ~ Territory from which he He'd, be perinseu
nerform its oifcc:-or shall the VIII uhue. Hie -
law nreyent it, They are antagonist ana lrrec1no:i
No Mowers and the case forciby eXemplitcs the I'M
r,c,cyb;iy and danger Of the exercise OF ooth upon
the same subject and the wisdom OF me rue ae a ro
bids IL II has been said, that under inc Ia" o. To-
free citizen might be seized and carficu awe nv p
tri,v: and hence the necessity OF TIC law G, .e
giving to nm 'f'ai " J"' 'F
NJ ye>-,-sa are before magistrate OF our own
! m In
his fellow-citizens and where, upon the supPosltion
that freeman is arrested he may readily procure the
evidence Of his freedom II IN" "-~s' H'd -, ii
nally err in granting the certihcate the party can Ss
resort to the protection Of the national judiciary Inc
proceedings by which his rights have been invaded be-
mo under law of Congress, the remedy for error or
injustice belongs peculiarly to that h'gh tribunal.
der their ample shield the apprehension OF capu's
and oppression cannot be alarming;
at is sufficient for this case, that the plaintf was
bropht before an officer authorized by The law OF Con
oress TO hear and determine the question ana grant the
conference.-the such hearing did take place; and that
the certificate granted
"Accordng to the view of the case we nave taken,
the question Of slave not, according 10 iae laws %
the State from whence the fugitive hea, belonged 70
the magistrate under the law of Congress to decide
and his decision is conclusive the matter, 50 Tar US
e the State courts are concerned
These extracts arc from the opinion OF a gentleman
= ho has since been appointed to the high and resPon
t .ble office of chief Justice of the State The OPINION
from which the cxtracts made is, in all ITS parts ere
, dtable to the Judge who gave IT. for the force OF u:
views. and the ability with which they are urged bu
;, it is still credabe other grounds Inc Juos'
e has shown throughout, that the local preudices anc
prepossessons those amongst whom his lot has plac
If ed hun arc sufficient to swerve hm from right dc
cision that his duty to uphold The an
r; laws of the Union will be honestly ana independently
is performed. - =
After this decision of the supreme court of the Stat
nj Nl,c Yori in the case OF dch Martin, the caus
10 was remo ed in behalf Of the slave into the court
$ errors-a court constituted OF the president OF tn
rs senate chancellor OF the Stale judges CT the supreI
IA court and all the senators. The hearing before III
is court of errors was in December, le3o
he Only two opinions were delivered at large The,
e, were BY the chancellor, and Senator Bishop
nc The chancellor, after remarkng that the decision Q
the court below was put upon the ground that Congress
e. not only had the power TO lcgsate upon the subject
but that their legislation must necessarily be cNcusV
f. in relation 10 this matter proceeded as tollows
l. 81 an one Of those who have been IL; the haot OF be
r. eying that the State legislatures had general power
lis TO pass laws all subjects, except those IN which tn"
be were restricted by the Constitution OF the United States
On OF their own local constitutions; and aat Congress ha
~ no bower 10 lcgsa;e any subject except SO lar
N the power delegated 70 it by the Consttnti2p
no the United States laYe lnnt .d-'-
u, powers delegated body 10 icg'sate on III
-. n, ons--iecrtInly is not contained in any expires
of laayrt Of power, and it does not appear 10 be en-
&c braccd in the general grant of incidental powers
I'd tanned in the last clause of the Constitution, rel
ID tive the powers Of Congress Cons art. ], sec
be tives from justice and fugitive slaves is not law
carry into effect any of the powers expressly granite
to Congress- 'o any other power vested by the Cor
IL stuon in the Government of the United States,
Ii any department officer thereof 1t appears to be
law regulate the exercise of the rights secured to tn
Sc individual States, the inhabitants thereof, by the
d, cond section OF the fourth article of the Constitution
" which section, like the ninth section OF the fourt
he article merely imposes restriction and duty upo
he other States and individuals in relation such rights
be but rests no pousr in the Federal Government,
Id any department officer thereof except the judicit
$, pocer of declaring and enforcing the rights secure
pc by the Constitution The act Of February, 1893. cor
ne ierrng ministerial powers upon the State mag
tratcs, and regulating the exercise of the powers
he the State Executive, certainly not law to carry in,
lie effect the judicial power Of the United States whc
ne judicial power cannot be vested in State officers.
r the provisions OF The Constitution TO fugitive slave
IT. and tugtvcs from Justice could not he carried into
II, feet without the actual legislation oil Congress on tn
il subject, perhaps power of Federal legislation migl
lg be Implied from the Constitution itself; but sue
Ill power be Inferred from the fact that it ina
be convenient that Congress should exercise tn
power, than that il should be exercised by the Stat
ct Legislatures In these of fugitive slaves and #
gtves from justice il is not certain that any egisli
ton whatever is necessary or was contemplated by tn
I'd Constitution. The provision to persons escapin
a from servude in State into another, appears b
he their journal to have been adopted by unanimou
lie vote of the convention At that time, the existence
involuntary servitudc, the relation OF masterand sci
Il State in the Union except massachusetts, and the Il
f gal right of reception by the master existed in all,
D. part of the customary common law of the Who'll
at confederacy. On the other hand, the common LAY
Of writ de h0nine rePcgando, for the purpose of tyn
the right of the master to the services of the slave
well known TO the laws of the several States; and wa
constant Tor that purpose except far as ha
n been superseded by the summary proceeding b
d heteas corpus, or by local legislation. The object
&C the trainers of the Constitution, therefore, was not
e q
epablei the services of his fugitive slave, bu
: RESTRAIN the pvercise Of which tn
III the person whose services are claimed is in fac
us'tFe IRON servitude under the laws of anotlc
State, the constitutional provision is Imperative III,
ne shall be delivered up TO his master upon claim
made; and any State officer or private citizen, who
owes allegiance TO the United States and has taken
me usual oath to support the Constitution thereof can
not, without mourning the moral guilt cf periurv do
act TO deprive the master of his right OF recanton
where there is no real doubt that liz, ncrson u:hasa