Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-04-09

| recoected that the very question at issue was for
some time before the present Legislature, and a
majority Of the members could not he got to unite
| IN n vote approving OF the action Of the Exc
eutive. The subject was postponed. The next
Legislature may be composed Of individuals more
favourable to our views But the bill is objection
able, because It blends with the controversy con
corning the refusal to surrender the iusitveS from
justice, which was an Executive act the exciting
subject OF the law of the last session. The two
SUBJECTS are different in themselves are open to,
ana require different remedies The first is appro-
pirate Tor legislative action the second may be safe
y LETT TO the mild correction of the Courts OF Jus
tice The object Of the law undoubtedly is, TO re =
guatc the proceedings against fugitive slaves with
IN the territory Of New York: bot this is a power
which, under the Constitution OF the United States,
pertains to Congress; and so early as 1898, Con-
gress declared, by law, in what manner such fusi-
tives should be retained. Between the two laws
there Is an irrcconcilable conflict The Constitution
declares, Art. vi. sec. 2-"rhis Constitution, and
the laws Of the United States, which shall be made
IN pursuance thereof, shall be the supreme law OF
the land; and the judges in every State sh,l be
bound thereby; any thing in the Constitution or
iacs oil any State to the contrary Notwithstanding.
But, independent OF the objections founded upon
the inexpedicncy OF the proposed action at this
tme, there are others, even OF more controlling
character growing out of the provisions of the bill
ltseli. Whether We regard 1t measure OF redress
Tor the wrong committed, or preventive remedy
against future aggresSions is alike Intellectual for
euO purpose. ne Oil IS cntlteu, "A Oil TO pre-
vent citizens OF New York from carrying slaves
out oil this Commonwealth, and TO prevent the es-
cape OF persons charged with the commission OF
any crime" The first section provides, "That il
shall not be lawful for any vessel of any size or de
| scrpton, owned in whole in part, or manded
or naNisated by any citizen or resident OF the State
oil New York, or any such vessel owned in whole
or IN part, or commanded na,isated by any other
person than an actual iHhabitant and resident OF this
Commonwealth, and arriving therein from any port
IN fhp SfaFa Of -
Commonwealth, or out of apy bay, river, creek or
watercourse of this State, until sad vessel has I'M
dergonc the inspection provided for in this act and
until the other provisions hereof shall have been
complied with"
The second section empowers the inspector q to
board every such vessel, and see that no slave, or
person charged with the commission OF any crime
within this State shall be concealed on board and
TO give certificate of inspection to the commander
And provides, If any such vessel shall DEPART with
out such certificate OF inspection, the captain or
owner thereof shall forfeit and pay the sum of s.
TO be recovered by any person who will for the
same on the bond hereinafter required to be taken
The third section directs the inspecting officer,
upon the arrival OF any such vessel TO take posses.
sion thereof, and hold possession until the master
or owner, or Sose other person for him or them
shall have executed bond with two or more secu-
rites, inhabitants and free-hoders of this Common
wealth, IN the penalty Of $, conditioned to pay
and satisfy all judgments which may be rendered
in consequence of the violation Of this ac and par.
ucularly TO pay and satisfy the owner OF any slave
which may be carried away in such vessel the full
value thereof; and during the time such vessel shall
be in the possession of such officer he shall be emit.
tied TO demand and receive, of the captain or owner
the sum OF s. per day, for the payment of which
the vessel is made liable.
The fourth section prohibits pilots from plotting
out any such vessel, without the certificate OF in
spection, sc.
The fifth section provides that any pilot or other
person who shall detect any such vessel in attempt.
ing TO depart from the Commonwealth without
such ceruncae ot inspection, shall detect on board
such vessel any slave or person charged with crime
&c, shall be entitled to reward of 8, TO be re-
covered by suit upon the bond, SC.
The sixth section provides a penalty of s..
against the captain or owner #, upon such inspec-
ton, slave * be found on board.
The seventh section authorizes the Governor TO
appoint one or more inspectors al Richmond Peters,
burg, Norfolk, Hampton, SC.
The eighth section entities the inspector, fo- every
inspection, to receive fee OF s., and makes each
vessel liable for il.
The ninth section authorses the inspector, in case
of an obstruction IN his duty to summon the posse
comitatus."
The tenth section provides that the bonds reoui
red shall be executed before the Clerk Of the Cir.
cult Superior Court of Law and Chancery of any
County or Corporation in the Commonw ealth, and
gives Tee OF >, to De paid by the person exc
The eleventh section throws the onus probandi in
all questions OF residence and citizenship upon the
person claiming TO be citizen and resident of this
Commonwealth.
The twelfth section provides, that the act shall
be IN force from and after the rs, day of July ne1.
but empowers the Governor, by Proclamation 10
suspend the operation OF the same whenever he shall
be officially informed that the Executive of New
York shall have bona fde consented to comply with
the demand OF the Executive of this State Tor the
surrender of Peter johnson, &C., and that the law
OI he nj
act to extend the right Of trial by Jury" has been
repealed by that State.
The Report OF the last session thus speaks Of
these measures: "The proposition 10 APPOINT in
" spectors This has much to recommend tn &c
I" But II is liable TO objections. To hiring IT, per-
haps, WITHIN the Constitution, il would have 10 be
- general. In such an event the law which would be
" haIrdssing and veTatlOus, would operate equally
upon those who had wronged US, and those who
" had not. Besides, It would be difficult 10 enCorce
" II IN an ettectual mannsr A vessel might be IN
"spected one hour, and the next take slave on
" board and he of. THIS would be the case plrti-
" culary, IN the navigation Of our long riyers1
" An. The requirement Of security for good beba-
I" viodr from the citizens Of New York. This would
" be perfectly Just ~ ITSELF and might produce de.
s!rable results. But your Committee will not re-
commend It at this time, It is liable to many OBJ
" Jecons. IN the first place its con stiulionaltfU
" might Jcqussi5ned" What is there in the details
oil The scheme as now presented, to relieve it from
BUTT IS unconstitutional. This objection, i, will
he seen, was limited at IN the report. Let US ex-
anime It more closely. The bill 10 not "general"-
u IS confined IN terms 10 the citizens and ports of
New GOrk lis "harassing and vexatousn emb,r.
rassments to affect only cltzens and residents of
that State. On Them is to be fixed the 'e1put iipi
num-" Their foreheads are to be branded with the
mark OF suspicon-hsiT vessels liable 10 ssi.Ur,
and ssareh-tbcir commerce IS burtheneJ, whilst
toe othe- States are exempted from the annoying
eKactols
Such determinations are directly in conflict with
the I'd Sec 4h art Of the Constitution Of the Uniied
States, which declares. "The citizens Of each State
shall be entitled TO oil privileges and immunities of
citizens IN the several States"
But the bill is further m conflict with the 9Th scr
lst art. Of the Constitution, which, amongst other
thnss declares that the Congress shall have pow
er to regulate commerce with foreign nations and
among ne several states, and with the Indian
tribes"
In regard to foreign nations, it is universally nd
mited that the words comprehend every species Of
commercial intercourse No sort Of trade or inter.
course can Je carried on between this country and
another 10 which II does not extend. The impor-
lance OF the power Of regulating commerce among
the States for the purpOses Of the Union s SCARCELY
less than that Of regulating II with foreign States
The same public policy applies TO each; and not
reason can be assgnedf for conhJing the power over
the one which does rot conducs % establish ia.
propueiy Of conceding the power over the oth.r-
u hos been held, upon the most solemn delibera-
ton, that tho power IS sreiuSiUsig in the Govern.
ment Of the United States.
The provisions Of the bill manif,stly contain re-
gHa'ions Of cTnmsr6s. To give effect 10 tbeu in
a e. n H..