Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-03-29

gina oy the Governor Of New York. is cross and
s'eHng, and not TO De submit ed TO. This wrong
naS NOT been done by New York, however. but by
one OF her functonaries, and we will moi believe
unu they announce IL TO Us, that the people OF New
York would have inflicted such wrong or will now
approve IT, We owe il to their intellic ence and oy-
"'y 10 the Union to believe they will not; and We
owe It to our own loyalty to act upon any other
conclusion until ar, candid and respectful appeal
| has been made to them and rejected. Virgins,
shonic take no step IN this controversy but with the
determination never TO retrace Il. Rash defiance
ana nasty legislation are not consistent with her
own dignity or her obligations to the Union-obli.
gations which Virginia has ever held sacred. and
wi never renounce but in the necessary defence Of
Ilgnt, which cannot be abandoned and her liberty;
ana she Is not We, prepared to admit that the period
ever can arrive when the just rights of the State and
the liberty OF the cit zen will be incompatible with
those obligations
Resolrsd, therefore That Commits
sloner be appointed to repair forthwith to the CITY
OF Albany, and submit TO the Legislature of New
fork the respectful request of Virginia, that il will
pass such laws as are necessary cause the surren-
DER oil Peter johnson, Edward Smith and Isaac GAN
soy ana all other tugitves from Virginia who have
oeen charged here with 'treasou, teony or other
CRIME, oy our laws, to be surrendered when de.
n,anded by the Executive authority of this State.
IL however, the measure proposed in the resolu-
uon with which that paper concluded, had been un.
acceptable to the mai or.ty OF the Senate we were
prepared TO vote foe resolution or law which shou
make u the duty Of the proper officer or organ to APP
ply 10 Congress TO pass the necessary law to secure
The apprehension and surrend or i'm another Sate of
all fugitves from justice in this State; bu, as we
nave shewn, the time necessary TO prepare such a
law, or any other substitute for the bill aforesaid
was denied TO MS, and alternative left us but to
vote against the bill, and in this form TO express our
OBJECTIONS TO II, and place ourselves in our proper
position before the country.
we respectfully, but firmly protest, therefore,
against the passage Of the act aforesaid because
believe that 1t clearly violates the Constitution of the
United States.
BY the third paragraph of the sth section of the
st article OF the Constitution Of the United States
Congress is vested with the power ito REGULATE
commerce with foreign pations, and among the Sc
veral States and the Indian tribes; and that DO
no longer remains with the States, because equal
and inconsistent powers upon the same subject cam
not abide ut the same time and under the same Con-
sttuilon in the different governments; and wheney-
er existing tor the want Of a uniform rule as Com
stitution, they have been always made homorene
GUS and harmonious among friendly nations bv trr,
ty stpuations. Ii is also expressly declared NV III.
10Th article OF the amendments the Constitution
that the powers not delegated 10 the United States
oy the Constitution, nor prohibited by IL 10 thu
States, reserved 10 the States.r Powers which
are delegated therefore, reserved and among
theseis the power TO regulate commerce 'anons the
several States" and by the Supreme Court of the
nation, with the Chief Justice of the United Stnes
at It's head, 1t has been expressly decided that the
power 10 regulate commerce included the power 20
regulate navisation,- to pass navigation iaws.-so
important, indeed 10 the comfort and prosperitv Of
the States was II, that there should be n mower 10
control and regulate commerce and navigation tha.
TO establish II, was one of the prominent cluses Of
the union oil the States and II is referred 10 by Gen
Washington in his letter transmitting the Constitu-
ton TO Congress, as one Of those great and delicate
interests, the adjustment of which should reconcile
the people 10 detects unavoidable in other n,rts or
the instrument BY the first section of the bill
aforesaid, and by every other section as adino il
ths provision OF the Constitution is directly inTad-
cd, and the power of Congress "to regulate conn.
m srce" is annulled, by enactment that the CHI;
zens of New York shall hold No commerce with
Virginia, but upon such terms as Virginia may
prescribe, because declare that vessels which
arrived III virginia shall not be permitted TO depart,
Is the most effective mode Of declaring they sb,l
not come within our mits-and if the LeeiSla,urs |
OF Virginia may impose term or regulation ]
upon navigation not required by self defence and
preservation, II may another, and so as many ns
pelses, and thus make commerce with the Sr,ts
depend upon the laws Of the State and not the laws
OF Congress made IN pursuance of the Constitu-
ton.
The said frst section of the bill violates also IN.
second section othe 4h article of the Constitution
which provides, that "the citizens Of each Star.
shall be entitled to all privileges and immunities Of
citizens OF the several SiaIes.n BY the said FIRST
section, this provision OF the Constitution is drectI
violated, because the citizens of New York and al
other States, are denied the privileges Of navya-
ton within the limits OF Virginia which are allo~e5
TO the people of Virginia, without any crime or of
fence on their part but simply because thew are no,
citizens OF Virginia; for however innocent thew NAV
be, they come, equally with the guilty, under The
penalties OF tins law
The second section of the said bill also vioi.,.
the 4th article Of the amendments 10 the Constitr
uon, because II authorlSes n search of a mans yes-
SCI which Tor the time is his house or Castle win
out "a warrant" without probable eluser 10 su,
pect that he or any one in his vessel has committed
crime, and without any "oath or hfirmation,,tba
any person on board the vessel has been guiItv
OF any crime, nay without the allegation that
aoy crime fany sort has been committed by anv
oue. '
The said second section also violates the art, If
Congress regulating the coasting trade, by which !,
IS declared that when vessel has complied with
Ihem TITS entitled to depart; for this section provides
that the vessel shall not depart, although she has
fully complied with the laws Of Congress. unles,
OF this State law.
We protest against this law also because il rom
POUNDS the innocent with the guilty and sybi.ci,
every vessel sailing to- or commanded or payiga,.5
ny citizen oi New 1 ork or any other State than
Virginia, 70 penalty and Port duty in violation ~
the principles ofJustce, and Of the Constitution
THIS Legislature can impose any .aI or duty un1n
the vessels coming from sister State or sailing C,o,n
Virginia, the amount Of that duty would be limited
ohy oyNs own discretion, and might therefore be
made promOllory If the Legislature pleased.
We protest against this law also, becauss /, il
non'lntercourse bill, and therefore w.r measure
while ConsiItu ional means adequate 70 the prote.
ton of all the rights Of Virginia remain tiotr,ed
thereby depriving the agrieu tuflsts and all otbe,
citizens OF Virginia Of the benefits ofthe New Yo,k
market, ann Of the trade and intercourse with Ne
York II persisted IN. Because II Is retaIi,orv N -.
nature and offensive IN rs spirit Justly calculated Il
enforced, 70 engender 81 blood between New York
and Virginia, and destroy sil harmony between
them, and 10 lead 10 similar enacifn ms on the ,,
OF New York, TO the great injury Of the peouIs NJ
Virginia and the hazard Of the Union. In pot 10 b.
peTsised m, II - capable only OF H. and Is ridieu
Ious. Because 1t does not procure or tend IN r,o.
cure, recognition Of the Constitutional rigbts Of
Virginia, and becauss It IS wholly ineficjen, 10, ,bs
OBJECTS Tor which II is proiesssdly designed. afford
ing protection, II any where, only TO the owns and
leaving the country which lies upon the rn,rgin, ~
our navgable rivers as much exposed as il Is no,r
to depreciation. Entertaining deliberately tbsss
views OF this Inv, the undersigned feel It 10 be tbs,r
DUTY soiemnly and firmly, but respectfully 10 pro-
test against us passage.
JAMES LYONS.
JAMES B. THORNTON. ia.
CHARLES COOKE.
ROBERT Y. CONRAD
ROBERT w. CARTER
THOMAS VI. BONDURANT
JAMES MclLHANEY.
JOHN H. PgYTON.
''ODon vs. Ogden, @h Wheatons Repors