Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-04-13
From the Albany Evening journal
NEW YORK LEGlSI.A ATTIRE


| March ?9lh.
The VIRosIAs CosrRo,reu
MIR Dickinson called for the con.;a...,:- 20.
resolution lnStrueting the judiciary comn,;,, 10
| report reiatNe TO the matters in issue IN a." ~
uove'sy ostween the States Of New York and VIZ.
| Mr. ID. inquired IL this motion ,y,s J.L,,
! me Cha'r (Mr Paiee) decided that il wasr
WI p'Sh'nSon appealed from this decision and
P'S NJ S,, 10 argue in favor of the appeal.
hr strong said the Judiciary commune had 49,.
frequently called upon 10 rcpnf, ,,l,,;a a d oeeh
S 's y" controversy between this State Vir,;ni. ,
South carolina. lie had before toId ,h S Go ahu
".n t'e SKIN tNlr Dekinsonl that the con,n;,,'s
NouIu report on this subject prior I'm The .J; .eo
ment OF the Legislature But r,ce,, ~ sSyou'h
Uc supreme Court Of the United States baJ 49,, W
ca Tue committee from what would othsr,i. -
"ven an additional burden. That decision ,ys. IL
slays' y, ot'es regulating the delivery OF fugitive
saves under the acquisitions of the Con,,;,'.o
were unconstitutional and void S''uUoh,
-, 49, 'n'' "eoislon he precisely what common po.o
yS ~ 'hen, whatever ma v he our irdiv, mol
g pn''onS. we are bound by it. The comm;,Ies
were only waiting To obtain nu,ben,;r ,J ',.!1
Information OF tie full extent of This d.;;
my would report. But whether Official 40 -
Son was or was not received he conId ;nc'',' "a
Of s,a' as soon as sufficient form the b,s;S
o' Legislation, was received the comrn;,, a. as,
report IN favor OF the repeal of the I,y ~1!'u
w. ,sn' OF Ulal by Jury TO fugitive slaves s
Mr. koot said the Senator undonbtedIv M,
us VIC" OF the case as reason why the com
ID
ne (Nlr ~ thought if the Hon. cbn;s0a. n .u
committee would take another view he -, ~ ''e
satlshed That there cds a necessity Of reno,, DC
Supreme Court " '''e u States
The decision Of that Court is. rs h. ,,u,.,
~ mat inc making Of Statute Laws Relate 100
'"u"ue, W making demands for runawRv .I.,o. -.
E'eseI'p'hS tne subsequent action thereon LsIons,
put ne would ask the Hon. Sen,,or %
mke this view of the ease-when claimants s," W
gilVe slaves come into our State Cour,s Nv" W
.he Legislature OF the State the right In res,i.s
,le manner oil proceeding in those Courts7 +, b,
-. question whether Congress could confer n 9
jurisdiction upon State Courts, but il has re-. -.
been doubted to the extent of tbo ,, 'et YET
S'oSs 20 enforce ITS laws in the State Cour,s 4,
1h Ig os zone without the consent of the Siaie
'he Legislature OF this State, for instance 40.
~ 10 tell the Judges OF our State cour,s liz, -
shall not take cognzance of Un,sJ S,,, nat 'hey
VI certain cases, they would undoubtedlv he -;
D ouey' u VIC tell them they may take such mis-
uC!on' then, as matter Of course, il mus, H.. 80
,s,ss,od III conformity with cur laws. II parties in
oes'eu arc not satisfied with our courts Ter tb.r,
60 10 the U. Courts for their redress If tbsv 49,,
'n'Hy choose 10 appeal TO our State COMETS ,k"
must take them rs they are. ''ey
ne supreme Court hod never decided that xx.
S s not regulate Tie practice of our own cour,
lhey never could make such a decision H. -
e'er shouIoi ne lMr X was prepared TO NEE, -
senator upon That ground and demons,so,o ~" ,ty
SorreG.ness oil his Mr. R's) position. If we should
he L..
States Courts within our borders :; ori'eu
cases arising under the constitution or Law 81 10 W
y. States' then undoubtedly such laws v.o,Id g.
S " and void. But the u. s. Snn,eno
10 regulate our own local affairs avs
MIR turman thought the Senator M. c.,
~ou'u nhu mat The decision Of the Supren,e c.,
Of inc United States, would not bear him m, -
&c repeal of the law giving the risb,
oil trial by jury to fugitive slaves. That 'lsc;tTn,'
was on an entirely different case. o"
Mr. r. mere reched and commented imam IL
points involved IN the case which had receniv bsa
ueciued upon by the Supreme Court To he sur
IN giving TINT decision, the Judses w,,, I'll u'e,
gave II as their opinion that ali Sta,e s'"
ing with the Law OF Congress, were uncops,m,oS.,
1"u 'ou' nut That was a mere o5iier diefDyn of ,h
Judges No case was before them which reo',,,s
'hem to give any such decision.
They have not decided that II N sI,v. =. ...t-:-,
IN The State OF New York, and sbonId enc o,',
WI. OF haoeas corpus, that he would not be ent,tied
10 the right OF trial 10y Jury, to determine tho ca,
., .g case. Ihey could never have made such a
accession as that. He apprehenJeJ tho ;udic,,,,,
committee would find that the dsc,;o" Juu,'iS'ay
put upon il. ""'S" 'ney hau
Mr. s r. concluded with giving some reasons whv
instnnec, should not stand. " WIS
80 Mr. Foster briefly supported the dec;s;oo NJ a..
vote. u ~ party
- . I,'PAnsohs motion now TO consider his reso.
'"tioh was negatived by like vote
mr. Dickinson then moved TO DISCHARGE IN. .oo,-
mtee rom this subject, and TO refer The snms 70
thc committee Of tho whole. WIG '""'' W
NJ! nt -; inquired Il this motion was debsteable7
Inc Char replied in the affirmative.
Mr. Dickinson then proceeded IN odd,... a.
SENATE at length IN favor of his motion and vas
I1no"ed on the Same side by Messrs. Root and
Ila,u' ou' want OF time compels us TO omit sketch
o Their remarks. ''N"
Mr. Sfron, r,.-.-t -
OIL S.,ong moved to lay this motion on the table,
Whlch motion was agreed to.
ht strong Then moved that all orders Of business
PRIOR to the special Order (ho Printing Bin lie laid
on the table, and that tho Senate now proceed To
w, OF the sime, and that that be taken
UP as me irst business NJ the Afternoon Session
-, Mr Dickinson rising To debnio tins motion. the
Nn ~. 9ecned That tho Same was not tle5ateabe
"r S"ons's motion was then agreed to.