Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-16


--=---------==--
Southern States would not have agreed 10 the Con-
s,itution. 1t originated in dstrust Of the Nor'd-
ern States upon the subject Of slavery, ana vas
designed 10 guard aIains: a p"ssbi ri III -
t'ce by their authority. Tie nruage Of the
ton TOO clear 70 leave fo- rational doubt il
declares express terms. that mo person held
wee Or labor State, under the laws thereof
Gaping another, shall! conse querce of any Inv
regulation therein, b. discharged from such
labor but shall be delivered up, claim ol the party
. whom such service labor mag b. dae
The first clause i prohb,t"rg upon the States and
iarblds the enactment; of any law The adoption oc
m. regulation, the Of fugitive Save, Il IN
he NAV be discharged from the service Of nis master
And the second provides. that tne fugtyc u ~ t@!
yefed up summary proceeding, wltaop; thc delay
Of formal ,ria! IN . court ri common law. Tie IAN
guage i, that he i to be delivered up =" IN otam II
the And Il upon the authority II It's
clause that Congress, a. is second after the
adoption Of the Constitution passed the law authorizing
the master o any fugitive slave, hi~ a2en aGraey
and take him before Judge Of t!e Circuit De-
trct Court Of the I. States or before any State llgs
trate VINO authorised, upon proof n his satisfaction ~
oral testimony, affidavit, Certified by magistrate
any territory, that the person seized slsr
Of tie Claimant I" give certificate thereof, when J.
declared be sufficient Tor removing tn tn
giti,e the State from y men he fed II was, a-a,
the authority of tins Constitutional provision TIT
the same imposed heavy penalty upon ans person
who should binder obstroct such claimant IL sei:u,
or ar.est,ng such fugitive
The question Of le right Of the fugitive 10 freedom,
does not arise under the proceedings authorized Is nc
Constitution and laws. The cgluye, however not
prcciuded from asserting MS rights III the State from
which lie lied and the slave States, virginia pa-tcE
larry, nave gwen him every facility IL. dong \
slave no has any clam 10 ls freedom, under cur laws,
has the right 70 Il, - iDrma yeabsris
h:s suit j. privileged one. and entitled b. tired be-
fore any other II IS master compelled, after s- ce
menced To give bond FIR MS forthcoming, and may II
-
and our indulge n the most liberal constructions
II tie slave favour, vii appear BY many reported
decisions.
Ii i unnecessary TO - INTO cormen. = shew that
the aw ii New York OF the 9Th iiay last, i absolutely
ana rrecnncilatly inconsistent WITH the Constitution
and the law passed IN pursuance D! L. Tie const'G-
ona provision would have been iee n TIE eNirrfa'
could State Legislature. BIZ q lis acts, r'rtasy
ana cifrctualiy annul i, when The provision ii>et
vas obviously designed 10 proven; partial and UNJUST -
risation by the States.
And strange 10 saw, the unconstitutionahty IF the
law was virtually admitted BY tie Legislature ~h'c
enacted, and tic Governor who approved T. ~ the
report oil the judiciary Committee, 10 winch reference
has already been made they say, By the Constitution
and laws the power OF causing the arrest Of persons
demanded as fugtives from justice, IS vested II ihe
Executive and bis discretion, IN delivering uP sgcA
PERSONS cannot be controlled BY any leg satiVe acton
The Governor SAYS, The duties of that department,
the Execuve) in such cases, IN the delivery q ~
rtives from iisce prescribed By the Constitution
81 the United States, and not BY the Constitution ana
laws Of New York. The duty 81 arresiing ana a.
yerinr up fug #, Us ice Is vested ~ the Ne'
tive ot the States by the law D! Congress 81 me ~
tfrebruarv 1893 One clause d. that law provides ~
The delivery ofiugges from justice, and another ihe
racapture ougitive slaves The power o. congress =
pass Law providing for the delivery Of tugtves iro"
Justice and iugitives from labor IS derived rom sun f
clauses Of the Constitution and involves precisely iE'
same principle Tie consuntona!iiy - that part 4!
the law, Of Congress o: the 18th Of February, i',
which provides for the delivery o: fugtves from jls
tee i admitted By the Governor and Legislature =
New York for they recognize IT. validity. y WI Sc
,o II the law be constitutional, must the otEs! ~
proyjan for the delivery Of fuItires from servlsr J.
this law Sc constitutional, paraHorat y Sti'e as
winch conflict with it, The Constitution Itself Ge'
clares that this Constitution, ana lhe laws - w
nifed States which shall te mace IN pursuance mere
~ sb,ll IL the supreme law Of the land anf tlc
udres IN every State shall be bound thereby, any ''s
IN the Constitution laws Of any State 70 me contrary
Notwithstanding Ye; the Legislature Of Ne" !"fS
enacted and the Governor sanctioned, the law 10 winch
,ofe-coce has been made. conf cting irrecenciiaby
v,b constitutional law OF Congress In 5oti orancA
e Of the Legislature Il passed by !arge maofies an
N the Senate which constitutes large majority y 'hs
cou. of last resort IN New York. il passed By vote ~
L. ~ Such are the Inconsistencies INTO winch men
be,rav themselves when they surrender the. eassn =
/ the dominion Of their passions.
The course Of the Executive of New York. AMI -e
las passed by her Legislature, taken t9genrr' pace
-
Tho course Of the Executive offers lmpunf.g p per
sons eotcinr and carving slaves oil, and ihe III"
makes the recovery Of the slave himself iHP'>s .a
The tendency # each Is too OBVIOUS 70 oe A's'i"''.
The frs, wall encourage the Northern iant'c' !" I!
,s ,yed exertion in lnveiglns slaves from Vs. ans
ia second VII prompt Tie slave himself T. auf"i
A -bt BIZ assuring hun that reception = np"ss''e.
The tr.t Will encourage the attempt 70 pe'sua"' M.
80 and The second will facilitate the accomplish
nent o: the effort - 81. .-
dntv 10 The country require that we should taSe -
are the repositories oftae law-ma"ng po"s OF me com
monwealth and ali legislative ac'lon mus CONE ~.
~: ana legislative acton alone vii AFFORD pfo'e'''.
VIII the prasen, flna,ical spirit, upon the su3Joo;
- slavery which, pereades most Of the Northern az
North Western States, mast expect ihat 'he 'N-'''
Mo al Sew York will be followed, u not nov Prop
-, - y,,ginia Arrressions never recedc. To su2.
~ - one ! 10 invite another. They can only ~ :.
Won back ~ prompt and vigorous resistance.
Save properly of Virginia, al moderate cac1i"io,''
18th o,n hundred and tbirty-four millions OF dollars,
;c j 100 thirds Of the value Of the entire req! es'e
- c,unn,non wealth. and without which, that eSt1e
Would be comparatively value!ess The people % ~
State have tbs immense mass OF properly sIeeu y
an; question 10 saw nothing about the moral, Pot =
,,d social interests involved IN IT, New lorA - "
ARREST the weahest, the most powerful, ana ne n"s'
commercial State in the Union. Her trade ana con-
,c have ramifed and extended themselves mo eVey
M, ofthe Southern States. There IS no recess - -
cluaed INTO which Il has not peneNaleu' iiet
80 met with in everv bay and river Of Inc slave hoia
sets The nositton hch she las taken, theff.'t'
Standing alone, places the property 70 TAKE no s H.
.-o,,sV Of our coplc IN ia" most imminent r.,
ss he, example should be followed as followed y
vii he il not promptly me, by Us, what will then r. 'a'
condition For hundreds Of miles we ere hoanG@a %
,ba We.t Nv Ohio and the North BE- Fe"ns 'Fa'-i
me, foIe terr,torv IS n,erseced by bays and F'Fs's
oas mT hundreds Of miles into our iaeroT ana
sxarmins with the Graf. Of non,sasehsiog S's H..
Ia ,b,s view Of the subject your committee cahho'
- vi ono yi-rin;an can be found who u nee ic
at ali as to the course which our Day d'G III,
duty counterac' the eoe.e ., sF~ b "sT pursoe
fortunately ''.s ,.s duty $ obvious
:; s 1s l 3sPsf es r1' and the a:
por'a1t The mischief to be provided gains; sag
e costs It. -, ;sooardizes our slave pro
perty oy oIeI". the theft aad By rendering the
~ se,T0 u he Slave himself impossible when he ha
ssGed N getting there. Our remedy should nay