Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-18
GENERAL ASSEMBLY or VIRGINIA.
.vEW I0RA C0.STROrEEsl
HOUSE or DELEGATES.

HOUSE OF DELEGATES
THE REMARKS OF Mr. BAGLr
.fadc in reyiu 10 tie Spcrh q rr. Gates II i"em'Te
in fQror II his pyoposition sppeaifo Congress 10 -
om.nd Mc ir II ihc l2M If !eb, 1923, q 10 anih"-
ri:c fhc duig n ndcr;ns lMgtirrs "'a "s''cr 70
he peri"rmei IN Tie IcdcrM JHdctdrg, th>se"f y Wc
STATE Erccuiirc.
Mr. BAYLY rose and said The gentleman i'om
Albemarlr (llr. Coles, III tir commencement 2. ns
speech informed the House that there was class Of
politicians in Virginia, who had been 50 !"nI ~ w
habit oi speaking Of the States sovereign, that II" BE-
eyed the. really began IL think they IN fact
Mr. B. sad il true that there was such class, anc
it was also that lie belonged tot. Nor Wa y less
true that tn deuson, tine gentleman scei"d !" re-
gard il, had prevailed in Virginia Tor lomg itnc. il
first promulgated 10 the world on M IN "i july
76-it rc.asscrtcd in Tayl"rs and Jefferson IN
mortal Resolutions Of -, and IL yndicatrd IN
Madison 5 Report II the succeeding year Since that
time the question had been regarded Al rest, uni
within few years past during which, new lights seem
cd 10 have broken upon The world
MIR. BA,Iy sad, lie did not mean to enter INTO any
argument in the Legislature of Virginia t. sacw that
The States Of THIS Union sovereign and ndcprnd
ent. Ii there any proposition winch Virginia
statesman might regard established il tins lie
would soon address an argument to Christian con-
creation 10 prove the truth OF the Scriptures, as he
would enter INTO one IN the General Assembly Of Sir
gina to establish the orthodoxy 81 tins doctrine the
truth Of which, was asserted in the Virginia and Ken
tucky Resolutions Of - and demonstrated III Madison )
Report Of ~
The objections to the scheme Of the gentleman from
Albemarc were few but ,hcv decisive He
would present them with all tho brcsty III his power
Tor he did not nj that time, mean to enter INTO the main
argument. lie should coniinc what lc had 10 say
more 10 the proposition Of the gentleman and reserve
himself, all other points, until he had heard the
grounds ii opposition Of the opponents OF ihc b!.
w,.l commence SAID alr. b. what have 70 say nj
llis time by referring 10 what SAID II relation 70 the
proposition Of the gentlemen at cur last SESSION IN
The preamble L. ne resolutions Of last winter page Ia,
session acis Of - TO- the General Assembly sld: io
the second remedy proposed jthc proposition now pre-
scented by the genllcman) your committee has also
decided objections, aud il cannot withhold the express
sion of lis regret, that Georgia. with whom Virginia VIII
make common cause, should recommend It.
ain the first place, the surrender OF iugltlves from
Justice is properly an Executive duty The Executive
is at the head Of the civil and military authority. II
holds and directs the force of the State When there
fore surrender is to be made, the Executive best
discharge the duty Besides il being At the head Of the
State IT especially lis province 10 determine in what
cases citizen is to be delivered up 10 b. removed Ia
another State for trial If any change Of The law is to
take place upon this subject, it must be general onc
and vour Committee is 10 change b. which the
decision of the question: whether the citizen Of State
shall be surrendered fugitive from justice shall be
transferred from the chief civil and military officer Of
the State TO the Federal Judiciary.
ain a involving the liberty Of the citizen, the
me authority oc state the proper tribunal for its
decision. In addition TO this, It might be urged with
much force that the provision OF tie Constitution itself
contc mpacd that the duty Of guaranteeing fnglilvcs
from Justice should be discharged by the Executive Of
the State 10 which he had He'd Ii is true the provision
is silent to the tribunal upon which the demand 10
be made but ii provides that the fugitive is 10 be de-
iivercd up the demand Of the Executive authority
of the State from which he ilcd and tine inference is
strong that the clause contcmpatps that the demand is
IN No nv al he, Sair Iich
the might've had fed but 10 b. made upon the Executive
of the State in which he had taken refuge There
as great greater, for requiring that The de-
nand should be made upon Us by the Executive and
the act of Congress, passed shortly after the adoption
of the CONSTITUTIONS is in accordance with the
Besides, the change proposed would add another 10
the rest of cases. already too long, in which the State
and Federal authorities may come into collision
There may be in which no State would permit
citizen TO be delivered up as fugitive from Justice
by the Federal judiciary; and, in Of them resist
ancc would he interposed where it would have
been thought Of had the surrender been ordered BY
the State authority. And, in the opinion of your Com
mttee, practical result would be produced by such
change; for in all exciting cases, the State Court
should be called upon any event decide the case
finally
"But above all, your Committee is averse 10 sending
this subject into Congress- and thus give the Abolition
lists the long wishedfor opportunity Of denouncng III
the National Legislature institution of such peculiar
their inccndary cuslons 10 the four quarters Of the
Union. We have always denied that slavery fl
subject Of Congressional discussion, and your Commit
tee cannot recommend any which will bring that
subject into debate there. And your Committee is
strengthened this view by witnessing the exuation,
which the Aboonists manifest at the prospect Of this
subject being introduced by US in this form
Mr. BAYLr said lie had but little 10 add TO this view
of the subject, which with the general acquics
of the General Assembly AT lis last session, but
he desired 10 say few words illustrative of the views
then taken In what h. had read from the report OF
the committee of last winter, it would be that Sc
vcral important positions taken, among which
surrender of fugitive from justice is properly an E1
ecutve duty; and that the Constitution itself conten-
plates that it shall be discharged by that department
3D. That in a involving the liberty of the citi-
zen, the supreme authority Of the State is the proper
tribunal for lis decIsion and any change which could
be mude must be general one, that such change
would be improper; and 3D. That the proposed measure
would be introducing by the subject of slavery into
discussion in Congress. With the indulgence OF the
House, he would say few words upon each of these
propositions To show that the surrender of fugltires
from justice had been always regarded properly an
Executive duty, he need only refer to the fact that IN
all Governments the discharge of it had been conhdeo
to the Executive This fact was familiar to the ira
of our Constitution. Hence he supposed, IT was
that they only directed BY whom the demand shouio
be made without, in express words, providing upon