Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-09


consti,utonaty of such laws has never! 90 Ear as we
are informed, been denied. But they do net imply an
acknowledgment that a State may rghtully regulate
commerce with foreign nations, or among the states
for they do not imply that such laws are an eSer'
else Of that power, enacted with view 10 It
On the contrary, they are treated rs quarantine
and health laws, dcnomnated III the acts OF Con
press and are considered flowing from the ackno"-
lodged power of State to provide tor the hea!' u 10
citizens"
If the States nav detain a vessel in entering he'
ports 10 protect her .ion disease and pes''n
surely she may inspect ner before she Departs
that the property OF the citizen Is moi h'es'iiy
away ...,. r.
Rut the Ins,ection laws, the consti'utionaty oil
which is not questioned, are still more IN point ihey
are very numerous and VIII not dsa'h 'he tio"se %
referring to them detail! In our ooacco Inspection
law we REQUIRE every master OF vessel coming INTO
our water, with the OF shipping tobacco, TO take an
oath that he will carry unnspected tobacco out
of the State. Have not the same power 10 require
a bond as an oath, The is religious Obligation,
the other a pccuniary one Have we not as much right
10 require him To give bond that lie will not take
slaves out OF the State without authority OF aw as we
have TO REQUIRE HIM to that he VIII not snip unn
spected tobacco: We have gone farther than THIS in
our law for the inspection of lumber We act on ire COZ
leetor and officers cf The customs The collector, or
other proper officer OF the customs IS Thereby charged
and directed suffer any vessel to clear from ms
Office unless the shall produce inspection notes
or certificates and make oath that he has no lumber
forbear however, Mr. Speaker, from going into further
detail upon this subject ] designed to anaiyze these
laws mnutely and trace out the srict analogy which
they bear 10 the measure before the House. bui am
too much exhausted 10 do and perhaps Is unneces
sary | will make further remark IN relation 10
them than TO refer what SAID IN the report OF The
committee
"Your committee however, viii not be betrayed into
further argument this point. The consiiiutionay
of similar laws involving the same principles, have
hat nj hp
fiuous. The quarantine laws which have been passed
by nearly all the maritime States, the laws passed
prior to eoS, prohibiting the importation OF slaves the
State laws prohibiting the circulation OF ncendlasy
publications by mail, the pilot laws, the inspection
laws of the States &c, &c all involve the same
principle. New York herself has her pilot laws; she
has her health laws, BY which all vessels coming from
any port south of Cape Henlopen are qGaranned and
compelled TO pay fees In her act for the Inspection
of pot pearl ashes the inspector authorized 10 en-
ter board any ship, &c. 10 search for pot or pearl
ashes improperly shipped for expectation, and if such
be found he is required to seize them and sell them oE
the benefit of the State Treasury Before loOe, New
York passed n law prohibiting the importation or e.
yortation of slaves Virginia has enacted similar laws,
and so have most of the States. Their right 10 pass
them has been questoned and the right TO enforce
them is incident TO their RICH, TO pass them.
had also designed to refer mnueiy to several IN
stances in which Congress has recognized The power OF
the States pass similar laws; particularly 10 the laws
prohibiting the transmission Of nccndiary publications
BIZ mall and the law, passed at the instance OF the peo-
pie of Wilmington, y. c., prohibiting The introduction
of free negroes from the West Indies.
The first case is very strong one II he power over
the mail is expressly granted to the Federal Govern
ment Nevertheless Congress recognized the right OF
the States, by their Legislation 10 prohibit the circua-
ton through OF such papers as they shouiu regard Us
of dangerous character.
Mr. Speaker, it seems TO that the gentleman from
Fauquier has not duly weighed the consequences OF
the positions which he takes If the States cannot
pass such law as the one now under discussion, De
cause the power 10 do II exclusively vested III the
General Government, then Congress may enact IT, II
Congress can enact this law prohibiting masters OF
vessels from carrying slaves To New York, 1t could
pass one prohibiting them from carrying them 10 New
Orleans. In word, Congress may prohibit the slave
trade between the States The fact that the States may
permit their being carried the place and not to
the other, could make no difference. The Legislation
of the States cannot confer power upon the General
Government. This is the legitimate consequence OF
the gentleman argument; vet believe that but lew,
Of the most latltudnons consruers OF the tede
IA! compact claim this power for Congress.
In replying yesterday to the defamation Of the
gentleman from Fauquier Mr.. Scott about dlssou
ton of the Union, omitted 10 make remarks
which designed 10 oiYer
hold il 10 be the duty of every friend Of the Union
10 resist every inffacon Of the Constitution Nothing
can so much tend 10 dissolution the habitua VIOLA
lion of that instrument. tie who would preserve the
Union must protect the Constitution from INVASION
1t is admitted that New York has trampled the dust
some Of its most vital provisions. The Constitution
now practically, is not the Constitution which our
fathers framed Ii is 10 all practical purposes, as lar
ms New York is conccra-d such Constitution rs the
Southern States never would have agreed 10. She
has nullified two provisions OF the Constitution,
which of such vital character 10 US that not one
Southern State would have adopted 1t without them
Shall We consent 10 New Iorks changing that ins;ru
ment in most important feature not only without our
consent but IN despite of our remonstrance: The cha
racier of the two provisions which New ork has an
nulled is too decided 10 doubt But 10 put the matter
past all question, will quote what Judge Story, the
most federal Of authorities, says IN relation 10 them
AT page 676, vol ), Of his Commentaries upon the Con-
stItution, he
",rhs clause, (the one providing for the recapture
Of fugitive slaves introduced INTO the Constitution
solely for the benefit Of the savehoding States to
able them to reclaim their fugitive slaves who should
have escaped into other States where slavery was not
tolerated. The want Of such provision under the
confederation felt gr!evous Inconvenience by
the savehod,ng States, since in many States no aid
whatever would be allowed TO the owners; and some
times indeed they with open resistance Ii is OBJ
vous, that these provisions for the arrest and removal
of tugtives OF both classes, contemplate summary
nstcrlal proceedings and not the ordinary course OF
judicial Investigations, 10 ascertain whether the CON-
plain, he we'll founded, the clam of ownership be
established beyond all legal controversy. In cases Of
suspected crimes the guilt or innocence OF the party
is 10 be made at his trial. and not upon the preil.
minary enquiry whether he shall be delivered up All
there shod be prima feie evidence before the execu
authority satisfy Judgment that there is pro-
babe believe the party guilty, such as upon an
ordinary warrant, would Justify his commitment Tor
trial.
sand in the cases Of fugitive slaves, there would
seem TO be the necessity Of requiring only lrima
faric proofs of ownership, without putting the party to
formal assertion Of his rights by suit at the common
law Congress appear have acted upon this opinion
and accordingly in the statute upon this subject, have
loc4r
upon which he NAV grant warrant for removal"
This is the Constitution we adopted it. " York
has annued it. Without these provisions we never
would have agreed to it, New York has nullled them
against our remonsrance We seek To restore the Con.
sttu,on to what il was; and We are told, 90 not at
tempt il. lest YOU dissolve the Unisn The Union is
now dissolved, and desire 10 do what | can TO re-
store it.
The acts OF New York would be bad enough under
any circumstances; but when they are done IN che
,ba aofo ainp md h.,