Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-27

intercourse between independent xnti~x h,t
70 ,ee federal eompaet-the Constitution Of the Uni
Ted States What, then, the provisions of Tia,
constitution IN relation to fugtvcs from Justice ihe
subject now presented for our consderation1 il.
power over this subject been delegated to the c.
serai SoSernmentf-or has Il been reserved to the
States respectively, or TO the people1
The God section OF the 9TH article Of that in.,,,
, ment provides" That person charged in anv
State, with treason, felony. or other crime. who
S sne.l nee from Justice, and be found in another
State, shall, on demand Of the Executive author.
~ OF the State from which he hed be delivered
up to be removed 10 the State having Jurisdiction
OF the crime. "
Il would seem, then, tina, power over ,hi, sublec,
has been delegated to the General Goyernmsn,
and IN pursuance thereof and 10 carry into ,fsr,
this great constitutional provision the Congress or
the United States passed the act OF 1873 bv vhch
Is made the duty OF the Erseniipe aafho,iiv Of IA,
Stae 70 which such person shall have aed 10 caus.
MN or her to be arrested and secured SC and !, =
.ns ACT. MS seems 10 me- that has given rise 10 ali
me difhcuty that exists in the Gaze now before M,
WINE the constitution requires, and very properly
requires, that the demand shall be made bv m.
Executive authority Of the State having ur;.i,.,a
oil the crlne and while IL Is imperative that the i;,
etve shall be delivered up, IL has been particuIary
careful not to say by whom, as to leave tina, 10
she dissection OF Congress. The Governor OF the
State OF New Yotk then, derived his sutbori,v IN
act IN this matter. not from the law of naon,Cno,
from the Constitution or laws of the State of Nev
York, or directly from the Cor sltution of an. I'M
eo states itself, but from the act of 1893 Derv no
ms authority therefore from this act OF the Con.r.
OF the United States, he is answerable II ~ y, :,
he ueneral Government for the manner in which
he has discharged the duty that this nc. imnossd ~
num- and not to the constituted authorities Of Yrv-
MIA. W '"R'-
am well aware, Mr.. Speaker, that Il WINS ,ro.a
IN an elaborate report submitted at the last s.s.,c
That the surrender Of fugitive iron, iust;cs =
properly an Executive duty. The Executive ia
The head Of the civil and military authoritv-it
th, foe e.
therefore, surrender is TO be made the E,.
"cutve can best discharge the duty. Beside, /,
being the head Of the State, il is especiolIy
Is province TO determine in what cases a citizen {,
10 DC delivered up, TO be removed to another Sta,.
''for trial, sc Your eommttee i. ayerss n ~
change by which the decision of the ou..,;o,
whether citizen OF State shall be surIends,.J
fugitive from justice, shall be transferred from
ne chiei, cvil and military officer Of the State 10
The federal Judiciary. In case involving ,hs IL
oerty OF the citizen, the supreme authoti,v of m.
"Staieis The proper tribunal for its deci,ion.S
Now, Mr. Speaker il this is the true intent and
meaning OF the Constitution, | ask Won sir and
ask this Hous-, il our controversy with NJ W.
Is not at an end III was especially the nrov;n..
OF the Governor OF New York 10 determine in ~,
cases n citizen is 10 be delivered up to be removed
another State Tor trial. and he has, after loog and
mature elaboration, decided this case ns,;ns, a..
what right have we 10 appeal from that decision o,
mere Is The authority Tor dong so to be found y
If thus is properly an Executive duiy and one which
belongs as mailer Of right TO the chief civil and
military officer of the State an appeal could onI,,
be taken to the Representatives OF The peooIe NJ N
ork, and not 10 the General Government from
whom It would seem from this report his authorize
was not denied, 10 the constituted author;,;ss r
virginia, VINO have no constitutional power to con-
uoul or coerce bIm-for surely there is no one in
THIS House who will contend for the tloc,,,n. ,hn,
the 'oyernor OF State is responsible for the man.
ner IN which he may perform his public duties 10
the authority of any other State
aknr e..
pudlate doctrine like this. The Cons,;,n,;on :,
tue united States has transferred power and au,bo.
rIty over this subject 10 the Government of the
United States. That Government is eh,rycd viii
1ne uuly OF carrying INTO execution this great Con-
sttutlonaI power, and is responsible 10 the St,tex
ana 10 the People, for the true and faithful d,cha,,
oil mat duty-And are VIC TO be told that il Is VIC
aton either OF the spirit letter Of the Cons,;,n
uon' TO execute powers, fairly and legitimatey fe-
deral, by officers appointed by and ac,inp n1d.-
the authority OF the General Government Th
great defect IN the Act OF 49, was precisely ,b.-
that II transferred the execution Of This rres, feJe
power 10 state officer, over whom the General
government could not exercise the necessary SUI
perNislon ana control-who could not be imneanh-
Cd or lined, or imprisoned, or removed from office.
ana hence II has resulted that for this great consul,
tutonal right there IS now no constitutional re.
medy
but let the act OF 1898 be amended as TO max.
1t the duty oil some officer appointed by and ac,;ne
under, the authority of the General Government 70
surrender fugitives from justice, and then LEI ms
examine how the matter would stand. If a Fe,)e-.
RAJ 'u"se' Ior instance, refused TO discharge this
DUTY, he might and would We impeached and
0roke-lt faithful To his trust his process in the
hands OF the Marshal, would reach the f,gitive
wherever he might be found. II resistance was
MADE by Tie Governor OF the State, or any one else
the posse might be called in and II TINT nroved in
the Army and Navy of the u. States.
ana every militia man OF every State in the Union
IL would be the case of tho Whiskey instruction in
fennsylvania, which many Virginians now living
aided IN suppressing. IL would be like The Or
stead case in Philadephis on which occasion an. or
the mdest. but, at the same time one Of the Ann
est OF our Presidents, wrote TO the Governor of Thar
state that he would cause the process of the Court
20 oe executed, even II assured that it would cost
MN MS mead In this case, II the act of 1898 had
been previously amended, 80 as TO have deyolved
'his duty on the Judge for the Circuit of New York
who can doubt that Il would have been executedP
Who can believe that in that case Gov. Seward
moutu nave 'eVleu war against the Government of
the Union, TO protect the three miserable wTetcbes
VINO perpetrated this crime7 Amend this law and
u VIII give us security for the future-and | for
one require no indemnify for the past. The honor
o' virginia mas not been stained by her forbearance
towaros sister State, under WRONGS The ronse
luence Of defects in the law as well as in the nd
OF II; but il will be stained If She vio
ates her pghted faith, and tramples urder foot her
constitutional obligations.
Mr.. Speaker, will not occupy the time nj tbe
ais OF the bill which you hold in your hand. The
emeoy II proposes seems TO me most paIpabIv in
violation oil the Constitution. Quarantine laws
nnd laws OF inspection and police were designed to
preserve the health, peace and good order of our
yea port towns and harbors; and l. for one will ne
'or consent, IN asserting preat constitutional rebt
o resort TO the subtefuge Of using these as weapons
u offence TO eoerce one Of the States OF this Union
oesdes, TO enforce an inspection law like this. A ma
raj force will be necessary which without the con.
ent oil Congress, we have constitutional mower
o create-without naval nrma ment pursuit could
rot be made over our long rivers and broad bays.
Tor could absconding offenders be arrested and sub,
ected topunlshmenL But we are told, MIR. Spenk-
y, That the honor of Virginia requires that some
hing should be done. IL we pass this bin and
New fork should enact a similar law or resott to
'ther means OF annoyance, would not the honor Of
virginia IN that event require us TO take other and
YET more decisive measures Of coercion1 And will !,
DC pretended that any others he thought of thar
viii not involve constitutional difficulties that will
prove insuperabe.
Mr. Speaker, Gs my name has been connected
with this measure, ond the House has been inIo,n,
ID that i offered substitute for the bin nov
snder consideration which ives unanimously re-
ected by the Committee that brought n In
will now, with the permission Of the House. rssd
NE resolulIonsthen submitted by me, an which 4
iesire may be taken as part Of my speech 1 pro
pose TO do nothing more than this, as the resoin
ions are not entirely satisfactory even To myself.
'ut do this IN the hope that they may be The means
\ maUFW