The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1841-12-22
South GaroIiaa GeaisIaturs.
REPORT OF THE COMMITTEE ON TFIE
- - JUDICIARY.

On SO nruch # he Gorcrnor'S Message, and the
: liccoa,paaY;ar Docrmcp's os relates 10 the
Con,rprerSp hctwcen Ncw York Gnd Virginia,
and the Biz on Aa. suLJcc,, ul ick ,ccrc referred
to that Coanmii!cs.
The Committee en- the Judiciary, 70 whom
were referred 50 much Of tie Message Of his
Excelency the Governor rs relates TO the Con-
troversy between tile States of New York and
Virginia, with the Accompanying Documents,
and Bill relative to the same subject, beg leave
to submit the following
RE PORT:
The subject which has engaged the delibera-
tions of your Committee, involves grave and
delicate inquiry, as to the duties and rights of
the States of this Confederancy, under, their
compact of union, and it has claimed their most
earnest consideration. Their inquiry, and the
Bill which has been committed to them, are
suggested by the controversy that has unhappily
arisen between the authorities of New York, and
Of Virginia.
Three persons of color, having their domicile
in New York, and trading to Virginia, were, in
1889, charged with violation of the criminal
law of that State, in having feloniously abducted
in their vessel on its departure the slave of one
of her citizens. These felons having returned
to the State of New York, were formally de-
manded by the Executive of Virginia, in pursu-
ance of the Constitution and laws of the United
States.
EsThe Executive of New York, waving excep-
ton to the regularity of demand, as well an OBJ
lection to the completeness of the evidence on
which it was founded, declined to comply with
the requisiton, on the ground that the laws of
New York do not recognize the right of one
man to hold property in another: and that steal
ing slave in the Commonwealth of Virginia, is
not an offence within the intendment of the
Constitution of the United States.
This unexpected and alarming determina-
ton of the Executive of New York, and his
views of the constitutional obligations of a con-
federate State, were communicated by the Execu-
tive of Virginia to the General Assembly of that
Commonwealth. That departemnt of the govern
ment of Virginia, after mature and wise delbera-
ton, pronounced, in solemn resolutions, the re-
fusal of the Executive of New York to comply
with the requisition of the Executive of Virginia,
"palpable and dangerous violation of the Con-
sttution and laws of the United States" 1t an
nounced its well considered and earnest deter
animation, not to acquesce in the course OF the
Executive of New York, and to enact such legis- |
lation as would suffice, to protect the property
and rights of the citizens of Virginia.
The General Assembly of Virginia requested
the Executive to renew bis correspondence with
the Executive of New York, call upon him res
pectfuly, to calmly review the grounds of his re-
fusal, and to present the subject to the Legisla-
ture ofNew York, by the official organ of that
State, and that body apprised that Virginia ap-
pealed to its sense of justice and of duty to CO.
State How was that appeal regarded in the |
response of New York! The Committee to
whom the subject had been con6ded, expressed :,
its concurrence in the views of the Executive |
Department, pronounced its construction of the |
Federal Constitution, the only exposition Of that
charter which consists with the sovereignty of
that State, and the rights of her citizens, and
was discharged from the further consideration
of the subject - fe-,2
Contemporaneousw with this proceeding, was
the enactment of law, bearing the specious but
delusive title, Gan Act to extend the right of
trial by jury" an Act which is the most alarm
ing and dangerous from, in which fanatacism or
folly has made its assaults on our domistic in
stitution.
This statute provides, that in proceedings to
re-capture fugitive from service or labor, the
claim to the service of such alleged fugitive, his
identity, and the fact of his escape from another
State, shall be determined by jury; that the
State shall provide counsel for the slave, wit
nesses attend in his behalf, and that the fees of
officers for summoning the jury, and the fees of
the jurors and Court, shall, in all cases, be paid
by the claimant. 1t provides also, that if any
Judge or other officer, shall issue certificate for
the removal from the State, of any fugitive from
labor, except in the manner prescribed by this
statute, he shall be guilty of misdemeanor, and
be punished; and that an attempt to remove such
fugitive, without the authority of law, shall in
cur forfeiture of five hundred dollars to the
party aggrieyed; that it shall constitute the crime
of kidnapping, punishable by imprisonment in
the State Prison, for term not exceeding ten
years. 1t is further provision of this statute,
that the writ of habeas corpus, to arrest the fug
tive from service shall not be issued until delive
ry to the officer to whom the application shall
be made of bond with two sufficient sureties,
inhabitants and freeholders of that State, with
condition to pay the costs of the proceeding, and
two dollars weekly, for the support of the fugi-
tive, so long as he shallbe detained by the pro-
ceeding on habeas corpus; and that the verdict
of the jurybe against the claimant, he shall pay
all the expenses of the proceeding, and shall pay
to such fugitive one hundred dollars, and the
damages he may have sustained 1t is not the
least obnoxious feature of this statute, that it
seeks to confne the adjudication of these ques-
tons to juries, and to preclude the consdera-
ton of them by the Judiciary of that State, as is
evinced by the imposition of restrictions on the
claimants right ofappeal, which greatly impair