Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-03

a., H.. NJ ,he Supreme Court, TO answer such &C.
naud II III. Governor OF Virginia, nul confess 'h'
min. - inadequate 10 the task. Is HIS hAcehencs
- Ia attached ior n contempt Of that august tribunal, IN
Accounting ia canstru. the Constitution OF tile = , or
to,lT, a. is lie 10 answer 10 his Excelcncy al r.
,n:, N All action If deinue or trorer Tor the fnS
,;vcs whom he de,ains from Jus.ce, or Tue eioss WYNN
- concerts Ia the uses Of The Abo,onlsis: The tfulh
/; INA, there is no remedy tor TINS grievance uh'e
Ma ,,slinr laws Of the Union, nor can CONCEIVE OF
anr i il i not 10 BE- found III the reserved rights
- ,Le states TIE remedy suggested ny Virginia
i IN M opnon, exact and appropriate TO the evil
~ hr nower 10 pose these limitations upon her IN
,arcorrse with other States have as iitile DOUBT
srio-o 70 certain provisions the Constitution whch
can only he regarded as treaty spn!ations between Inc
s,tes SUCH for instance, is the very provision which
ras the Governor Of State TO surrender 10 ano-
har ,gi,ivcs from lis justice There IS no authority IN
,h Federal Government to enforce this mandate II lie
r,os "a obey it, lie can only be constrained to this
40, hv The constituted authorities OF his own State. IL
,,cv reC &c TO perform this obgaton II may wei be
doub,ed II they expect the States whom they nave
Inns ronged allow their citizens The same privileges
w,ih their own. The obligations between the States
ara mutral and when they cease to be mutual they
are no longer binding, the consideration has failed
man which they were contracted. ii State performs
a. ohl;ratous 10 all of the States who do the like by
her she may perhaps, rightiu!ly suspend their per,
rm,nce towards those who violate their constitutional
.n,,rements To her, so long they persist in this
violation But whether this view Be true false, there
are other considerations which fully justify the present
exercise of this power by Virginia. If the General
Government has the right 10 regulate commerce be-
tween the States and foreign nations, Virginia has as
undoubted right TO declare what snail be ieiohy
within her own limits, and 10 protect the property oi
mar citizens from theft committed upon her own SOIL
II the two powers come into conflict the question as 10
which should Weld one OF the less or greater NEON
y,n,cnce The General Government may regulate
commerce. but il mus, not do in such manner as 10
CInn
lar the preservation of the health the peace, and the
nronerty Of lis citizens And il the two necessarily
come into conflict the question Of right must he so de-
ermined between them that only the lesser evil Is en-
dared whilst the greater IS avoided lhus oaie
NAV interfere with the right OF the General Govern.
mput To REGULATE commerce. III tic enforcement OF It's
polce or quarantine laws The health and safety Of
people are to be secured at the expense OF slight
injury 10 the commercial interest, and III opposition 10
the laws of those who have charge at this particular
subject To abandon the right OF declaring IN what
things property shall consist, and what acts shall con.
s,itute crimes within its own limits would he TO dsor-
nanze lis society, and 10 resign nearly ali Inc functions
or government And If State Government can only
he protected IN the Of their rights By regna
tons which 10 extent affect commerce, size -
justified in doing so, provided she extends these regula-
ons no farther than the necessity of the case requires
OF the two the lesser must yield 10 the greater. II
this be the rule Of natural equity and common sense,
Virginia would have the right 10 make regulations af-
.cnr commerce. IL II became absolutely necessary TO
call them in aid Of her police laws 10 preserve the
peace and protect property within her own limits But
has She done even this: She has passed no law affect
inr the cargo or vessel The citizens Of New York
and Virginia stand upon terms precisely equal as to
both Her laws affect only the person OF the citizen OF n
York, and leave linn oil the privileges Of her own PEG.
pIe even in that respect Their only end is 10 deny to
that citizen a privilege oft be one 10 steal slaves
which her do not possess II he steals slave, ana
remains within her limits, he is tried by the same law
which governs the Nrgnan. But lnasmIch as his
own State affords him IMMUNITY for this net, he reach,
IS her borders he must The State OF Virginia
aranst the danger OF his violating her law under tie
prospect of that shelter II have just cause 10 appre-
bend that an individual will mi re my person or burn
my house the common law, IN accordance with COM
mon sense, provides that may require surei;es IRON hun
10 keep the peace aud abstain from injuries To my per-
son or property If the citizens OF State solemnly de-
clare tina, they do not consider felony 10 abdncl slave
from another State although lis laws have declared Il
To be So may not lie State whose authority thus de-
MED require these citizens, when they enter her terrific
rv To secure against the risk of their commtn. such
depredltions: Suppose the Government Of New York
were II promise mpunity and offer rewards 10 any OF
its citizens who would steal slaves from Virginia, or
iacite them 10 instruction would any man doubt 10
the power Of Virginia, IN such case, to require some
surety from the citizens Of New ORR, who entered
her own territory that they would attempt netbe- the
one nor the other whilst they were upon her sns If
she has not offered rewards she has at least proclaimed
impunity 10 those who steal slaves III States whose laws
declare the offence 10 felony and II she violate the
Constitution in the Inter respect why may she not do il
in the former In truth, the principles assumed By
New York in this controversy strike n all human 70.
ycrnnen il pursued 10 their legitimate consequences.
If State cannot what constitutes crime, or in
what property shall consist within her own limits who
can Ii is not for the people Of another Stale 10 De.
fine for her either the or the other Tor that would
be 10 subject the people Of State TO those Of
other, which, upon Governor Stewards principle IS I'M
possible, III moral or legal point OF view as man can
not hold property in man. II would follow, therefore,
that each individual must ascertain for himself what Is
crime and what is properly Ii NAV he SAID however,
that the principle laid down by the Executive Of New
York does not extend beyond the question Of property
in But the result is the same. If the people
of State cannot define the authority which one man
may exercise another within its limits, other
Government can and it follows that each person
must the extent Of human authority, whether
il be of individuals OF society," according to his own
notions of fitness and proprety There an end, then,
all organized Government, and society IS dissolved
If the constituted authorities of New ork take
positions dangerous the slave States, her ct
zens complain il those States require them, whilst
upon their SOIL 10 secure them against attempts upon
their peace and property These States cannot do ess in
sefdeence, and lhey give strong evidence OF their de-
ference 10 the raterna bond in inrbearlna do
If New York insists upon intercourse with he slave
States upon terms which destroy their Jurisdiction
and property, they may aud should regulate that
intercourse 10 protect themselves in the enjoyment
Of both. This is all that Virginia has done, and she
has chosen the mldest remedy which promised 10 be
ciectua She has not sought retrbution for past inju
ry, but endeavors only 10 guard her citizens from u
ure wrongs II she abandons this ground and admits
Gov Stewards principles with all their legitimate con-
sequences, she cannot stop Short at the abolition
Of negro slavery. She must renounce the authority
Of man over man, in all Of the forms in which i. has
yet been exercised. She must either contrive, what
the wit OF man has not yet devised, scheme Of
government which shall precisely equaize the rights
and powers of the individuals under il, or she must
altogether abandon the attempt govern. For where
these inequalities exist, man exercises authority over
man. and the Government which permits this can have
no lawful authority over lis citizens and mast
pect no comfy from other States, if are to admit the
principle which has been laid down for cur guidance
If she cannot, then, maintain her authority al home,
she cannot resist spirit even Than tia. of
French differentiation from abroad r size cannot
use the necessary means 10 protect her sovereignty
her property and her cit'z rs, she must abandon
them all TO the FIRST punderer who may come. And
has she ever adopted any Constitution or signed any