Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-05-03

| ,esn =" ns communication oil the I'd December
,ssc. TO the General Assembly of Virginia, he uses
the following language,
Inc act Of the Legislature Of New York. At n,
as' session, TO which have acvertcd, entitled an
act TO extend The trial by Jury is of this
a. "J .noosh u attempts to render the recovery OF
save, except by its singular proyisions. kid
mapping, and punishable by imprisonment in IN.
feni'enilry Tor ten years, Il is presumed that The
,emedy OF the master Is sfiu complete before a
Judge 81 the Ftde,ai Court"
ne would take this occasion to say, that he en-.
.erta'ned as little respect for this law or the ,oi.
ature that passed IL, as any man in this Horse IN.
Seneseo That act to have been conceived in an un.
ucnaiy spirit TO the slavebolding States-and that
'ne ses'sn was to throw rs many obstacles as pos
e ~ me way OF the recovery of fugitive slaves.
i"e'e - one provision OF this law which has been
construed by the Committee as being designed TO
eonuavene the law OF Cons~sss, and TO interfere
WIN the process Of the Federal Court. Il is that
eh Pseseribes, that where the owner has gone
ln'o 'ne state Court, and where the question OF the
owners right to the fugitive had bee rmn,d Inv
inc Jhry against the claimant Of the fuxitirs the
verdict oil the jury il declared to be eoaeiss;p, 4, i;
enacted, the fugitive "sha never thereafter be mo-
. esteu, ana that " any person shall recover hin,
out OF the State under any process, vbo,.ys, hs
=, shah DC deemed guilty OF kidnapping, and shall
IT, upon convection, be imprisoned for a term NOT .x
ceeding ten years"
now he conceived that this section could not h,
ANY construed 10 author ize the prosecution and
the law OF the United States. Tho act of Cons,.s.
authorizes any State Magistrate to issue his
Tor recovering fugitive slave to the State Grom
wh'ch he He'd. Now the 18th section Of the act of
Se~ iork, imposes penalty on any officer of that
State who should issue a warrant 10 yecoxs, .n,,
iugive slave unless IN pursuance Of the provision,
OIL the act OF the Legislature of New York. Tb;.
proVis on was intended no doubt to prevent The
m'e 9'heers from aiding in carrying into effect the
law OF Congress. This last provision of IN. h, ~
OF New York does contravene the law of Consr.s.
nut then u only contravenes il so far ms il po. ~,
prevent the law OF the Uaitsd Staies from being
executed by It's own State Officers. What, he would
ASK them was there in this law Of New York ~
law as dIsgraceful any upon the Statute Rook oe
any state oil this Union) which could render in,fH
eie an enactment Of Congress prescribing the MOI.
~ Wnich fugitive slave may be recovered7 He
would admit that the section in relation In Gus;,ixs
slaves might be amended by imposing rren,sr ne
na'ues Tor an attempt to in,ere;e with the procesJ
inss OF the claimant Of the slave. The resoIu,ion.
also provided for an amendment of the act of Con-
prescribing such regulations would
guaru the remedy afforded by the act of Congress
rom any tncroachment by the non. s,ayehoidipg
states. Was there any one who doubted that the
SenefaI Government had full power to pass env
'ap .at might be necessary for aIoruing the owner
VI saves complete remedy for the recovery of hi,
property, and Of counteractins any act of Tho ST.,
,n"t msht be designed to illustrate the act of The
United States' He did not pretend 10 90 into ,bs |
details OF the law which he would have passed. |
he trlcA
OF the Representatives Of the people in the Conpres.
oil the Union. de had no doubt they would he aha !
10 frame such an act as would etfectually guard the
rights Of the South. He had no donbt ihey would
pass sSeh Jaw as would completely counteract the
law oil the State of New York. Cettainlv tbey
nave the power TO pass oil laws that NAV be n.ces !
sarY ior rendering the provision Of the Constitutes
IN relation TO fugitive slaves effectual There couid
De no doubt that they had the power 10 guard the
execution OF the law Of the United States from a.,
interference,
thorty OF the State Government He was eI,d 70
mo- IN The view he had taken Of this matter he wa.
supported by an authority deservedly high in the
eson OF au parties IN this house, he referred TO
the Chiet Magistrate OF this commonwealth 4,
the message OF the 2d December 1910. he sov..
"ltis worthy of remark tha, the words ".b,II l..
de iSered up" arc used in both clauses of the co..
s'tutlon IN reference 10 fugtves from ius,ice and
runaway slaves. As the constitution thus clesrIv
Pr.''oes Tor ths surrender in both cases. and does
mol point out the mode in which il sha be mads in
either, II cannot be doubted that Cong,..s 49,. ~
adopt such means as will be efectua to earrv ihsI
power into effect" 10y "S''
Again, in same communication, he saws.
ANA u u had been shown that Congress noss...
e power 10 cause the surrender of a fugitive from
justice 10 Ne made II is merely question Of erptdi
eney or polies whether this shall be done ,hronh
agency OF the fedora judges. Ii NAV be assnmsa as
general proposition that the personal rights Of IN.
eiIZer are more secure under the protection of NJ,
independent Judiciary than under that of an erecu.
uNe oncec' ~ we look only to the personal securi.
W VI inc iogIuse from Justice, when IL is remem-
oered that the judge who would decide on ths a.
manu- Tor MS surrender, would be a citizen OF m.
same stale as himself, IL is not perceived whv such
an omcer would be more likely To be the minister
~ "luS'Se man the governor; and il we consider
that The demand involves the rights of ano,ber
stste under the Constitution, as well as the p.rso.
MAJ rish's OF the fugitive, II will not be questioned
lhal me Judge would be the most impartial and COM
peIent atoiter oil The two. The power of the fede-
raj judiciary extends now to the proner,v m. ia
erty and the life of the citizen of state. ana .n.I
u may be trusted TO decide on a demanI of Iuoi;
1--WE from justice, the object Of which is onIy In
bring the offender TO triai.n
But 1t is con,ended that the passage OF an nc, nj
To"sIess III accordance with the resolutions before
the house, would afford no remedy for the wrons no.
complained OF, TO wit; the refusal 10 deliver ;hs
persons charged with the violation Of our law
ne denied the justice of any such infererenc.
should an act OF Congress be passed, ves,ing The
SeNtry OF iusVes from justice in the federal tri.
punaIs, ne would like TO know what could prevent
The delivery OF these same individuals bv such ri.
onnaIs when demanded by the proper authorities Of
Virginia. IL could not be conIended thai the I,Sy
would be tr post Jaeto. and that it could not be
maze 70 pear on The individuals whose offence was
committed before the passage Of the act wbv7
because the law would only change the process bv
Whleh an individual charged with an offence is N
be arrested. An eI post faeto law is one thai rem
ue'S oh act puhishaOIe IN manner in which IL wa.
NOT PUNISHABLE when the act was commted.-tbis
law u passed, would only apply TO the proe,,s bv
winch The individual would lie arrested and moi m.
CRIME or the mode Of punishment. WA, moi then
the remedy proposed for the wrong which we h.d
received at the hands Of New York. n full and am.
pie remedy both respects the case ofthe three m.
g'uyes demanded by the Governor Of Virginia. nc !.
wen as lhe prevention Of all similar dficuitie, in
future. lie saw nothing degrading in the atIitod.
IN which Virginia would stand, in DEMANDING M m.
ederai Government the execution Of its acknovI
edsed duties. lie saw nothing degrading in one Of
the sovereign parties TO our constitutional compact.
standing with the constitution in her hand and de-
manoing OF the agent constituted in part by hsr
the execution OF duties enjoined by that com oact
But gentlemen talk loudly Of vindica,ing the bono, |
OF Virelniej-how, he would ask, could V,,o;nia
rino'ealo her honor, unless by m appeal 10 ARM,
were gentlemen prepared for that They Ind M |
right TO declare under the Constitution. and ri
they vindieaied their honor in that mode !, mus, ba
not under the Constitution, but beyond il. Their
could be no point Of homo, between two si,I,s
Btales. WV ''''
lie would appeal to the house whether il was
not al least proper that we should exhaust ali con-
stu'ona means OF redress before we resort 70 The
system OF commercial restrictions, impos.d by the
ehl proposed by the committee. lie had not ri,sn
,or lhe purpose OF discussing the merits Of that bill
oeheVng II To be gross violation Of the constitu
Uon-as lneKpedient aud impotent; ne partial and
unjust IN it's operation. Ho would be willing IN
rest the consttutlOnality and erpediency Of tbat
measure 10 the arguments Of the gentleman f,onn !