Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-30

v;ded By the Constitution. II is moi required ''at va.
act shall be made criminal by the laws % ay ~,
stat. than that in which committed; nriiher oy
the law uf the u. S, by the common law any
more than by the laws of France or Persia a., Got.
IF the act is made criminal by the laws Oh '',e
n hicb i was committed the preparation "f II IS
-. a n h. chorrrd with i is to be charged WIN
| or;,,n. and that 10 all the Constitution requires il
,h,s b.. not the true interpretation, why sho"iu NV
n,ess,on s.tlce from justice have been useu' " "'t
s.inst,ce' unless that due The Slate, whose lh"s W
hser violated, Why use the expressions, ''ne io"no
in another STATE bc removed to the State having lu
risd,con of the crime:"
If it necessary, your committee "n',iu i 80:
the exgency out of which this provision OF tue oo's"
tuition arose. ,,,:,
Previous to the adoption of the Federal Consli'u,
tion each State had full power to define, prevent ana
mum sb crimes within the limits OF It's own eilo'y !.
but if the offender had escaped without Tue -
the State the authorities of the state cou 1r ', 30
matter Of right pursue him any farther. 10 SECURE
raa intercourse among the States, and to Pronote lf
common good, each State, upon inc aooP,''" ~ ~
Federal Constitution, surrendered Tue l'S"' "'. "
previously possessed, and as perfect soveie's1
would otherwise have enIoyed, OF ploteeu"@ ''se'
80, -, fro,, the citizens of other States by en-
;nc them from its territory, in that clause OF the
cns,;,,,;on which provdes that "tne citizens oil each
State shall be entitled 10 all privileges ana nuoes
of citizens of the several STATES.
To protect the States from the dangers 10 which tey
would have been exposed by permitting the free IN
of persons from abroad against whose agresslons
% deo,a,e protcction could be furnished by the State
whose laws had been violated and to give TO each Slae
additional security against the violation OF IT'S laws py
lie own citizens by taking from the offender the mpuh
=, which he would otherwise have enjoyed IN ms escape
FINN the Jurisdiction of the State, i'll which the ohehce
had bccn committed that clause OF the Constitution was
inserted which provides for The removal oi l,9,'eS
from Justice; and under the guaranty OF which, u" HA
cpye of the State of Georgia made the dehia"u oP
the Executive ohc State Of Maine THESE clauses ae
both found in the same section. Without inc ioe, Wv
latter would scarcely have been needeo ana VIZ" ~,
the latter the former would be i,anght win eVs' ia'd
not only to the peace and well heng oil the o'a'', o
tn their very existence Citizens from Stnles whose
laws were different whose political institutions were
different whose social relations were different mSn'
| take advantage of the mpuny, when the'' cs.aP.
would give them, enter ad )on'ng STATE set Us
at defiance trampe the rights Of IT'S citizens uhue inot'
and seek refuge some State, where 'he ciie' WV
| had perpetra,ed, would 60 unpunished c-c., -
Such an Interpretation, carries upon inc lace ~ !. s
own re(uiaou Under lis sanction, the Federal Con.
stitution which was designed for the mutual SAFETY OF
the States, would be converted mo an instrument ~
mutual ANNOYANCE The union of the States, or Inc
sovereignty of The States, must fall before IT, They
could not exist together.
Another suggestion has been made, though il scarce,
" deserves be noticed and that Is, that PROOF snou
be furnished that the person charged "ied from Just
ice" II will hardly be believed that the trainers OF
the Constitution deemed necessary that the offender
should literally fy, rum from the State whose laws
he bad broken authorize his surrender, ana to the
injured State right TO demand It, Ills absence io"
The State which makes the demand and presence III the
State upon which the demand made IS the proper eVi
dence of his flight and in most cases the only evidence
that could be obtained
Your committee are aware Of the delicate nature oil
the question involved in tins controversy. lhev are
aware that Inference Of opinion may exist in relation
10 the rights of the parties interested But after The
most careful consideration, they cannot AVOID the con-
clusion TO which they have come. Any other view OF
the subject it seems to them, would annhilate the
rrhts which have been soIcmnly guaranteed TO The
States by the Federal Constitution.
The controversy between the States Of Virginia and
New York presents the questions as that between
the States of Georgia and Name and it is therefore
deemed unnecessary TO 60 into particular examina-
ton Of the facts connected with 1t.
Your committee recommend the adoption OF LIE ioi-
A. BAKER, for the Committee.
Rfsored bv the Senate and House Of Representatives.,
That the Constitution of the United States VAS csa-
bsed by people of the States respectively, the peo-
pie of each State acting in their sovereign capacity
as party TO the compact.
ind beu farther Rcsolrcd, That each State is
reign within its territory, except SO TAR as that soYe
reirnv NAV lie abridged by the delegation OF powers,
speciied in the Federal Constitution.
mi be IL further Resotrcd THAT the Federal Govern
ment is limited in lis ur:dctInn but within ts appro-
pirate sphere is paramount TO the authority OF the
states.
3adJc further Resorea, That it is the dnty Of the
Federal Government to provide for the faithful ohserv
ance Of the spulaons contained in the Federal Con-
stitution.
4ad be IL farther Rcso'rsa, That the refusal of one
State 10 surrender person. charged with the COMMITS
SION Of crime within another State, and no shall flee
from Justice is in open disregard Of the plain letter Of
the Constitution, sGhvcrsve Of the peace and harmany
of the Union Destructive Of tn" ends for which the fe
dcral Government was established
7nd be /. further Rcsoircd That the Executive Of
this State be requested TO transmit 10 the Executive
of the several States pc land before their respective
Legislatures, and to Senators and Representatives,
in Congress- 10 be laid before that body copy OF the
above report, and of these resolutions.
December le, lSIo.