Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-17

would therefore seem that the night oil any State
pass such law as the one in question, designed
protect the property of the eitizen from invaso,
~ unqucstionablc. But IL may he supposed b
some ha,t is incompatible with the provisions OF III
Constitution which delegates to Congress the r,si
10 regulate commerce between the States; or that
corhlets with the 2d section OF 4th article OF III
Constitution Of the United States.
| Wherever n power, not in its nature exclusive,
delegated to the General Government, but not pro
hibited TO the States, it is concurrent in Congress
and the State Legislature; and the CONSTITUTIONAL
ty OF State law, passed under such power, doc
not como in question until the law OF the State
found to conflict with the law OF Congress. Thong
the power to regulate commerce is delegated to tn
Geneul Government, It Is not prohioiled to IN
States, except SO far they are prohibited fron
laying any imposts duties imports and ex
ports, or on tonnage. The power to regulate com
merce IS therefore concurrent, and the constitution
clity ota law of State, enacted under that power
does not arise until Il Is found TO conflict with Law
OF Congress passed under the same power. Blu
your Committee will not go into any argument 4
establish these propositions; nor will they discus
the question which law ought to yield, in case ik
this, should the laws OF Congress aud of a Stat,
Legislature be found TO conflict. IL is not necessar,
that II should be done-for, admitting that the pow
or TO regulate commerce is exclusively vested il
Congress, and part of IL can be exercised by I
State, yet does not prove the IL,
Of a.aw, even though 1t may have an indirect anC
considerable influence upon commerce, until IL II
shown that the power TO pass such law is dervec
only fIom the power TO regulate commerce. Henc,
1t IS that even those who insist that the Commercial
power n exclusively vested in Congress, have adj
ntted the consututionality OF quarantine laws in.
spection laws, those which respect turnpike roads
canals, ferries, Sc.. though they have considers
influence on commerce. But such persons derive
me right oil the State to pass such laws, not from
| the concurrent power OF the States over commerce
but ON that mass Of powers reserved to the States
among which Is its right TO regulate its domestic
police, Its domestic trade, and TO protect the health
and property OF Its citizens. But the law in ques-
ton IS not re gulaton OF legitimate commerce.. IL
bis police regulation, designed to prevent a me.
dunn of commerce from being prostiluted 10 unlaw
ful purposes.
Your Committee, however, will not be betrayed
into further argument this point Tho consti.
turonaity oil simllar laws involving the same piin-
cipes have been SO universally admitted, that il
/ would be superiuous. The Quarantine laws which
have been passed by nearly all the maritime States,
the laws passed prior TO 1905 prohibiting the I'M
portation OF slaves, the State laws prohibiting the
circulation of incendary publications by mail, the
pilot laws, the inspection laws of the States sc.
&c, all involve the same principle. New York
herself has her pilot laws, she has her health laws
| by which all vessels coming from any port South
\ OF Cape Henlopen, quarantined and compelled
to pay fees In her act for the Inspection of Dot or
pearl ashes, the inspector is authorized to enier on
board any ship, &c, 10 search for pot or pearl ash
Improperly shipped for expouaiion and IL such be
iound he IS required to seize them and sell them for
/
New York passed "a law prohibiting the importa-
ton or expectation, of slaves. Virginia has enact
cd similar laws, and so have most OF the States
Their right TO pass them has not been questioned
and the right to enforce them is incident TO their
right to pass them.
The language OF the I'd section OF the 4th article
IS very explicit; and about its meaning there is no
room for QUESTION IL declares that "the citizens of
each State shall be entitled TO all privileges and
immunities ofcitizens in the several States" This
q
citizen OF no State shall be treated as an alien in any
State. Ihe privileges and immunites OF VIII CHI
one State cannot deprive the citizens OF another are
the fundamental privileges and immunities-the
right 10 hold property sue IN our courts to enjoy
the protection OF Jaw while withih our territory &c
&c. But this bill does not deprive a citizen Of New
\ ORR OF any right of which citizen OF Virginia
cannot be deprived. We can enact statutes to
prevent our citizens from violating our laws and we
might urquestionably discriminate in them between
such citizens could violate them with IMMUNITY
and such rs could not. And IN such u case such a
discrimination would be proper. No citizen of
Virginia can violate any Of our laws relating to our
slave population, and escape their penalties; and
TINS Ia" only places citizens of New York in the
Same'condIon. The propricty and consti;utionaIi-
~ OF the biii accompanying this report having been
demonstrated, your Committee entertain the hope
that 1t nlay become law.
H. The Enquirer Of yesterday, has the imper-
Thence to refer to the Of this paper in the
New York controversy, as "treacherous" to Vr-
gina. Let us tell the venerable slandeIer, that
there is not man who knows US BOTH even Of his
oton parry, who, il Virginia really required defence
would not expect us TO be at our post and him TO
be PLEADING age, and large family.
That paper is dirtiIy engaged in this New York
affair Ii is poisoning the public mind with state
ments which II knows 10 be false in fact and inju-
rious to those whom it connects with them. IL IS
lab0ring TO produce the impression by its garbled
quotations from the proceedings Of the New York
Legislature, that the whole Wing party of that
body but one, comprehending decided majority
OF both Houses, are Abotonists, and prompted in
their votes on the Virginia and New York contro-
versy, by abolition sentiments The man who
has the Prohigacy to advance this idea in a news.
paper, not only knows its utter fIlsehood and that
here Aboiionists or next to none in the
New York Legislature. but he, as an individual,
would not have the hardihood to breach il in SO.
cial circles.
Benefits Herald and the "Emancipator,p are
become its chosen authorities in New York.-Ben-
nett's Herald which no New York gentleman suf-
fers to cross his threshold-the Ema ncipator which
IS there the Abolition organ. We have in yester.
days Enquirer, finished specimen of the dshon
est tactics ofthnt paper Itis embraced in the fol-
lowing editorial srtic:ei
The "Emancipator'' Of New York has devoted n
long article (on the 2Sth january to "New York
and Virginia" IL Tidlcues our claim, denies the
constiut onll obligation of New York TO de liver up
fugitive sdve-stehlers; denies IN unqualified terms
that she is under any obligation, constitutional or
otherwise, to recognize tie right Of property in
slayes"-lt derides the remedy we propose-says
the Merchants Of New York would treat the In.
specnon law as nulliiy-that they would enter
their vessels at our custom houses, and transact
their hu,iness, without giving any such bonds
that they might "Rllow the negro catcher 10 exam
inc the vessel for the sake Of peace, Il he would be
quite civil, but II the authorities should dcain New
York vessel day, TO the damage Of the voyage, n
suit would be brought in the Federal Court which
would give ample redress" II threatens Us with
the 10 Of our trade; with the vengeance Of New
York, With the ovouulng power Of the Federal
Court, &c, &c. We leave II TO our readers TO say,
what respect IS due TO these threats Of the Abolition
issto this bod Jenial Of the rights Of the South
and Of the Constitutional obligations Of N. York
and TO this ridiculous contempt for the power Of
Virginia and Of oil the Sou,hj for, who will doubt
that the whole South will make common cause With
u.s. IN case where such important rights involy
ed, and where the moderate remedy consists Of an
additional Police Law II we have no right 10 pass
such law, as this fanatic "Emancipator" seems to
contend; II New York will neither give ms bnck our
properly, nor deliver 10 justice the ielOns who have
sto en- til we then have NJ power 10 prevent their
stealing J., by inspecting their vessels or obtaining
arcurttv the In iuflernn C,r