Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-27


the right in cases of upprehendcd danger TO resort TO
preventive legislation, well 10 penalties for The
punishment of crimes when committed. The prevcn-
tive legislation should be appropriate to the opect w
view, commensurate with the anticipated danger, aiu
fully adequate to accomplish the intended purpose
But the Legislature in devsing measures OF pfecau
ton or punishment against fragrant oreac"es VI our
laws, and of the solemn stipuations oi tns Iohs''o
ought never 10 forget that the State SUI. .e VI
the coniederacy bound keep Itself wthih Tue paie
ne III, Const,u,;on even when attempting to counter
net palpable violations of the Constitution ny CO.
State. We can the more boldly ahn s"nsse"i'usiy,
and should hope, the n"!e successfully, aen'ho 'ir
observance nj tLr Constitution Ivy Il SISTER Slate, and
a.. ,,;h,ort nj heI citizens for ldwess acts against
nro,crtv our peace, and our security, 1t we our
ssves continue 10 manifest scrupulons regard Tor
Tho common bond of our Union. Our friends, there
Gre sbould. with great caution, scrunze the pro-
visions of the bill and having satisfied themselves tho
rourbv their compatibility with the Federal Consttu
op should with little division as possible and
without reference TO any existing political divisions in
tho Legislature or in the State And having thus de.
Gberately enacted law, they should, at all hazards,
and in defiance Of cold calculation of the consequences
10 our trade commerce, other intercourse, rgor
ouslv and vigantly execute it,
irhcre are some provisions in the Federal Consti-
tuition which cannot he regarded rs vesting power in
the Federal Government, relinQushlng rights
,nedies previously belonging 10 the States. They are
pacts or agreements entered into between the States,
which sovereign States had right TO contract, and
which are soemny recorded i'll their common Consti-
tuition The fuflment of these slipuations was left
TO the good faith of the separate States And ut the
time of the adoption Of the Constitution the idea could
not have suggested itself to any one, that agree
pcnt voluntarily made between the States, aud with
solemn iormalty recorded in this instrument and for
the enforcement of which adequate power is
ferred on the Federal Government, but the observ-
ance left the high ground that US il depended upon
the homer and good faith Of the parties, il would be
more promptly and punctiliously obscrved-l say the
idea could not have suggested itself 10 highmnded
and honorable men, that any State IN the Union would
uiye lust cause to 4 sister State, OF complaint for
wantou breach of an honorary agreement Such gross
violation of the moral sense-sucl sacrifice of the no.
nor Of 4 State-such Punc faith anticipated
such mora! dcpravity pervudng the Executive, the
legislature and the People of whole State,
left w,,hou; remedy by the Federal Government-w
never contemplated as case OF possible occurrence
nd should al or legislation fail of the desired purpose,
| il hecom,s great, momenlous question, how far one
State mas ucl towards sister State upon the principles
of international law cases of the observance Of
hos, mutual spulaols recorded III the Constitution
There is not aud ought not to he any adequate power
N IN. Federal Government 10 interfere in OF
troycrsr such as has arisen unfortunately between
State ana New York The States free and independ
.n had perfect right 10 spulae among themselves
for the mutual delivery Of PERSONS charged with crime
in one State and escaping INTO another Nations might
thus stIpula;c-The contracting parties originally
would possess the power 10 insist upon the observance
of these pacts To enforce them if possibeto prevent
breach OF them il possIbls-lo demand redress for
vo.aon-to punish retaliatc.-llave the States by
the adoption of The Federal Constitution, deprived
themselves ofa these rights incident 10 the agreement:
As to this class of constitutional or treaty s.pulaons
do the States retain the original right Of seeking
redress: Have the States in any away, any where,
abandoned this right belonging in common and alike to
all sovereign States' Have they any where coded TO
the Federal Government, as i common arbiter, the
power to interfere, enforce the agreements, TO settle
their disputed constructions the text to provide rene
dies for the aggreved States, to inhic punishment
upon the delnqucn,:-l hope may not he compelled
this great question, TO resort to our reserved
powers of sovereignty and base our action solely upon
international rights and obligations.