Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-23

stss i: lilo I'hisa, .t fssbsa. st ans a!as Saps
into sastsoy an6 voting tiefplG shaas IL guilty ai
.os, snppo,e cn that Ito word isloay ho iisisrpon
embodied in tho clause Of the Constitution winch Pro-
vides for u demand and surrender of fug,ves IRON
justice: suppose Immediately after the Constitution
had zone into operation, citizen If The State OF New
York should see fit TO go into the State Of Virginia and
vote therein and should then succeed in eecng his re.
turn into his own State would not the Executive OF
this State, upon proof that the individual had COM
mitted the offence charged and was then in this STATE
and upon proper and legal demand being ,hereupon
made upon him by the Executive of the State where
the offence had been committed, be obliged uhaer
the clause of the Constitution above referred 10, con-
tanning the word tiony to make the required surren.
der' And could the State of New York relieve ITSELF
from the effect of that constitutional provlslon by
subsequent enactment, declaring said act not TO be
felony,
AS proof that the word "crime," within the mea-
ming of the Constitution, intended to embrace The
offence of stealing slave, adduce, in the FIRST place,
the fact that all the States of the Unlon except one
the time Of the formation Of the Constitution recog
nzed property in slaves. Stealing slave from his
owner was recognized crime by the laws Of the
said States And can it be doubted for moment that
those States, in entering into and ratyng the consul
4 tutional compact and inserting therein the important
provision that person committing " crime III one
State and fleeing another, shall be delivered up
10 the Executive authority of the State where the Of
fence was committed, intended that the word CRIME
should be used there il had been used in their own
laws, embrace, among other things, the offence OF
stealing from his lawful owner, slave, the recognized
propertu of such owner reference to the debates
which were had in the Convention for framing the Con-
s,itution upon the subject ougilvc slaves shows con-
clusiyey the sentiments Of the members of that Con-
venton relative to property therein. / beg leave TO
read to the House. the following extract from the "Ala-
Olson Papers:
"Mr Butler and Mr.. Pinckney moved 10 require
fugitive slaves and servants TO be delivered up like
criminals"
Mr. Wilson "This would oblige the Executive Of
the State to do il at the public expense.
"Mr. Sherman saw no more proprlety in the public
Selling and surrendering slave servant than
horse, &c.
The second section of the Sd article of the Consti-
tuition relative to this matter, finally adopted By
the convention and reads follows No person held
to service labor in State, under the laws there
Of escaping into another, shall in consequence Of
" any law regulation therein, be discharged from
g such service or labor; but shall be delivered up
claim of the party whom such service or labor may
{. be due How perfectly conclusive is this part Of
the Constitution, taken in connection with the above
extrac, Of the debate which preceded lis adoption,
that the members OF the convention which framed it,
recognized slaves as property requiring that the same
means precisely shall be rcsorted 10 by the owner of
slave which has fled from his masters service, to &C.
gain possession Of the same, necessary to
any other article subject of property, which shall
have been lost, which may have srayed away from
| the owner thereof.-Nlr Sherman, OF Connecticut,
we'll observed, Gas stated in the extract given aboye)
shat he proprety in the public Selling and
surrendering slave servant, than kOrSc- any
other article of property. second proof, that the
word "crime,' used in the Constitution, in.
tended embrace the offence of stealing slave, is to
he found in the fact, that the ablest cotcmPoraneous
writer's upon this subject, have recognized slaves
proper,v-and have expressed doubt that they
so intended TO be- and were really so recognised
by the Constitution. will here read TO the House
extract from ssthc FeLerll:s work universally adj
mttcd 10 contain the clcares exposition and
rent arguments in favor Of the Constitution, ever given
tn the public The result Of the combined intellect of
Hamilton, Madison and JaY-three of the master minds
of the age, and whose profound wisdom, distinguished
learning and elevated patriotism have made lmmor
tai as their fame the Constitution Of their coun-
try. read from the Fcderalist, No. 81 extract
from article therein from the pen of Mr.. Madison:
We subscribe TO the doctrine, might of
" Southern brethren observe that representation re-
" laes Immediately TO PERSONS and taxation more
Immediately to property; and join in the applica
50 ton Of this distinction TO the OF our slaves. But
{: we must deny the fact TINT slaves are considered
g merely property and in no respect whatever as
persons. The true state of the case Isl continued
Mr. Madison, that they partake of both these quail
ties; being considered by laws in respects
q ms persons and in other respects as property. And
again Mr.. Madison continues, "The Federal Consttu-
6 ton therefore decides with great proprety on The
case of slaves when it views them IN the mixed
character Of persons and of property This is fact
their true character. 1t is the character bestowed
g upon them by the laws under which they 1--we; and
% il will not be denied that these the proper critic
g RON
How irresstbly does this establish the doctrine for
which the Governor Of Virginia contends TO wit, the
recognition of slaves subjects of property under the
| Constitution.
1t is unmportant for the purposes Of this argument
how far and 10 what precise extent they may have been
SO considered. The principle is fully sustained and 1t
is lust as much s'crime' under the Constitution 10
steal slave who is recognized by the laws partly,
for instance ro ihs, subject of property, though
he were ,rholly so. The recognition of the principle
and of the ratuc ertent of property in slaves is all
| that we contend for.
Its proposed by the gentleman from Essex (Mr. Sim
mons) that should await the decision Of the Supreme
Court of the United States upon this great question,
before presume 10 act in the matter. Now, Sir the
learned gentleman has seen fit to inform us how or
when this subject is to be brought before that court or
how long we may be compelled to wait before the
desired decision is be laid before for legisla
tive information and guidance. Sir, ] bow with de-
ference to the superior wisdom, and distinguished legal
abilities Of that gentleman, but most respectfully beg
leave to differ with him to the proprety or expectancy
Of adopting the ingenious mode which he suggests OF
dlsposinp of this mattcr-and conceive that his plan
would be more likely TO produce hnai than Proftd0tc
disposition Of the The right TO decide upon COM
plyinr with demand made by the Executive OF one
State that OF anOtner lot Inc
| from Justice, is vested in the Executive alone lie
acts upon his own responsibility and according 10 the
dictates Of his understanding and conscience. In a
case involving intricate constitutional questions he may
if he feel disposed lay the whole matter before one
of the coordinate branches of The Government for e-
gsa,ye aid and advice The Executive of this State,
in conformity with the request of the Executive and
Legislature Of the State of Virginia. has referred this
important subject to u.s. and 10 say that we do not
deem ourselves competent to give sound and udicous
opinion upon ii, by thus cavaerly giving II the go-Dy
and postponng it to some indefinite period, IS not in
my view of the case, paying that Difference 10 the
wishes of the Governor which The peculiar position in
which the controversy has placed him, as we'll as our
important and responsible duties, would seem 10 require
from us.
Sir the Executive of this State in of his letters
TO the Governor of Virginia. has been compelled, IN
consequence of the previous Legislature declining 10
give its upon this embarrassing question: TO ex-
press 'hs regret" that he without Legislative adj
vice Let not place him in situation where he may
he under the necessity of renewing that regret. tie
,I,,oo dun IN i'm ri