Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-24

, anounrot Ices, az well rs in the regulation OF n
Puots- The State Of New York has her laws r
suIaung the pilots licensed by the State, whist Il
State Of New Jersey under a law OF Congress, a,
: P''n.s board to examine and commission pilot
IVr the same port; showing that Congress, tnroug
tue state OF n. Jersey, exercises, coneurrenuy vii
the state OF New York, n poser on the same sui
lecI Thus showing that the Federal Goyerumei
6 and a State, may lesislate on the same subject
. the same time, when the State legislation is not n
p1gnant to that Of the Federal Goyernmen
ihoush u seems strange, how Congress can en-
power a State 10 act, or grant a power with whic
u vested by the States, to be exercised by anotht
Government. By a law of South Carolina, d
captain OF every vessel arriving at the port of Cha
ieSton with a free negro on board, is bound to lodg
MN IN prison, lose his time, besides payin. h
board until his vessel is ready to depart An
uoes any one deny the right of South Carolina I
pass such n law, TO protect her citizens and the
, property or Is 1t the duty OF the General Govern
|. ment TO imprison persons for the protection Of IN
property Of South Carolina7 But 1t is contends
that Congress has by legislation, sanctioned III
passage OF several of the laws, and therefore the,
areIConstitutonal. In the case Of the pilot laws
perhaps Congress may, by not exercising the pows
10 regulate pl!otage, leave it with the States 4
make such regulations as they may deem proper
put no legislation of Congress can vest the State
win the power. The States derive no power from
the General Government, but are the sources iron
which that Government derives all it's powers. G -an
Tor the sake Of Argument, though | deny the right
that Congress has the power TO pass an inspection
law TO protect our property, but fails or refuses |,
pass such a law; does any one contend that Vir.
gina cannot pass a law TO prevent citizens Of othcI
States IRON stealing her property, and carrying il e
a State, where by law, both the felon and the pro-
perty are protected, and put beyond the reach o
recovery
But il Virginia does not posses, this right, uh,,
security have we against the citizens of a State
that are encouraged and protected in depredating or
our property
IT, by the Constitution OF the U. s, | thought
we had surrendered this right, Though desire 10
sec the Union preserved) | should he almost will
ling TO see its dissolution. | say that laws like those
| have mentioned, have been passed by many OF
the States; and a still stronger law, and one inter
telng with commerce., Is now upon your statute
books by that law every captain OF a vesesl CON-
ing into this State with the intention of carrying.
away tobacco, Is bound TO take an oath not 10 re-
ceive on board any tobacco which has not been in.
speeted, and Il he violates this law, he is subjected
to a fine of $500, and an inspector believing the
law has been violated, may have his vessel unload
ed aud searched. This is a State law interfering
with commerce, yet no one has ever thought il nm
cons %lJutional. And until this late day such a pow.
er never was questioned or denied to the States.
Again, lie, me refer you TO the health laws passed
by almost every State IN the Union. This power
Is exclusively exercised by the States, and [ deny
the power OF Congress TO pass a quarantine law, the
object OF which Is, 10 protect the health OF a city,
or prevent the spread Of contagious diseases among
the citizens OF the States. And IN claiming for the
State, the exclusive control over this subject, | con-
tend she cannot only pass such as are not repusnant
TO those passed by the General Government, buff III
IL necessary 10 insure the heal hofa city, a St,te NAV
pass laws entirely Incompatible. and 10 direct oppo.
Slton 10 any commercial regulation whatever. IL
then, 10 preserve the health of her citizens, a State
can pass such laws rs are necessary for that pur
pose, may she not for the protection and security OF
the property Of her citizens, pass a Jaw which IS no,
repusnant TO, or incompatible with, any commercial
regulations
Surely this cannot be denied. Ii, as sen,lsmen
contend, Congress has under the clause sraniins
the power 10 regulate commerce, the right TO pass a
law by which a vessel with a contagious disease on
board, would have the right TO approach any ofour CT
ties, any Safe law 10 the contrary notwithstanding.
the health otour cities and the protection otour pro-
perty would be transferred from the State 10 the
General Government, which was never con,em.
plated by the trainers Of the Constitution; nor would
the States submit 10 IL Another Constitutional
objection urged against this bill Is, that under the
clause IN the Constitution, which says, "The citi-
zens ofeach State, shall be enutled TO all privileges
and immunIues OF citizens in the several Sta,es.r
To any one who does not read this clause atten
lively, II would seem TO be inconsistent with the bill.
But the error they fall into, is caused, by reading a
part OF the sentence wrong. Ii Is not the citizens
Of each State shall be entitled to all the priyI.oes
and lmmunities oicltzensIn the several States. but II
IS "are entitled 10 the privileges and immunities ofciti.
zees,' obviously meaning, as NV colleague has con-
clusIvely shown, the rights of citizenship, and he Is
sustained IN this view by Judges Washington and
Chase, both Federal judges. | will not argue this
question, which has been so ably treated by nv
colleague. But 1 ask gentlemen TO bear in mind ne
Distinction, which Is SO plain to any one who close.
ly observes tins clause. / will, before | leave tins
branch of the subject, call your attention both 10
this and other States, making a distinction between
citizens OF different States BY our laws a non.re.
sldent suelng IN this State, has to give bond and So.
surity for costs, whereas It is not required of one OF
our own citizsns. The exercise Of the right of suf.
irage, besides numerous other cases, making a dis.
distinction, might be cited.
In Ohio tue land OF non-residents is taxed much
higher han that belonging 20 a citizen. O~urownci,-
zens, and the citizens ofeyery other State, ercept n.
u, would be made TO answe r for the violation OF our
Avs IN stealing a slave and will any one deny the
right TO make a distinction between those who =
authorised by the power that projects them, in plun.
derng US OF our property, and those who are made
responsible 10 Us for their conduct Would II be
right, or just, TO inspect the vessels Of citizens
OF New Hampshire, and put her citizens on the
same footing with those OF New York For one.
| never will agree TO il.
We have appealed to that little State TO sustain
US m the demand we have made on New York
and she has nobly respo>ded to our appeal. by con.
demning IN a misteriy and ably written report and
resolutions, the course Of the Governor ofN. York.
Fori she has my thanks, and hope those Of every
true NIrginian.
CHI Hy- " HuAA party llOSe VINO sustained Us
belonged; Tor on Tins question ! know no party
and II | did, should DE a traitor 10 nv St,te. mi
unworthy the confidence OF those VINO sent me
here.
The other constitutional objections urged aoaios,
this bill, 1t might be proper TO answer here; but thew
have been met and fully answered by nv col.
l-ague-and 10 answering them he has not. 1 believe
referred 10 a single authority that was not OF the
Federal stamp aud Of course, with some gentle.
men, such authorities will be binding. Having. |
hope. shown that some Of the CONSTITUTIONAL obies.
tons which seemed 10 be insuperable with Gentle.
men, are groundless, / will now notice the courss
pursued by the Governor and Legislature of New
York. As II may be necessary 10 a foil under
standing Of the course Of Governor Seward. I will
give a BRET history Of this controversy. In 1885. n
slave belonging 10 a gentleman IN Norfolk was con.
eealed by three free negroes IN a vessel bound TO n.
nofk, and carried to that city. The Governor Of
virginia demanded Of the Governor Of New York
the surrender oithese free negroes, as Cugitiv.s from
justice, TO he tired m this State for stealing a slave
within the jurisdiction and against the laws Of Vir.
gina. The Governor Of New York refused TO sur.
render the iugiuves, and upon grounds Of the most
iaIlaclous and dangerous character. No abo .tlonr.t
IN the Union Arthur Tappan himself has mo-, or
does not hold opinions more dangerous 10 our insti-
unions than does this abolition Governor Of New
York. lie cOniends that we have no RIGHT TO our
siVes-th1t one man cannot be the propertv N
anCthsr-that a human being cannot be held in
bondage. In the teeth Of that e. ause In the Con.
%sttuton OF the United States, which saws. "A
person charged IN any State with treason. I.ionv
or other crime, who shall flee from Justice. and I1
found N another State, shall, on the demand of the
executive authority Of the State from which he fed.
be delivered up, % be removed 10 the State b,ytog
I IuTTgnrrfUUu Of the rrfuur u-La - .