Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-14
DOMESTIC.
LEGISLATURE OF NEW YORK.
tEerorcd ior the Daily Albany Argus.)
liz ASSEMBLY Scturdan. Feb 4. 1913.
NEW YORK AND VIRGINIA.


was 1e!etfeo SO much OF the message OF The Govcrno
Us relates TO iugtves from service or labor &C. ant
also piii, introduced notice (by CIR. Jones) entitled
an act relative 10 ugi,ves from service labor, ant
10 repeal the act entitled IAN extend the rgh:
ua' oy jury submitted report in writing, which
NC eAa from the desk, a, the call OF several members
me report concludes by recommending the passag,
OF inc OIL referred 10 the committee.
ne reading OF the report having been concluded,
WI LAZY SAID the report was one OF highly interest
ing character, embracing, TO great extent, all tn
FACTS ana circumstances connected with this unhapp,
controversy with VEginia-snd as the conclusions O
me committee in regard 10 the repeal Of the jury In "
so casS, We % me deepest interest in and Of t
S'hc lie movs the printing OF ten tines the usual nun,
ter OF TIE renur.
Mr. Jones' sai! 'ie should have stated that this wcs
majority rapaTtoIe OF tie committee the gentleman
iron Chaauque Orr L. T. Warren) dissenting.
MI L. +. Warren said, that "a member of the
committee whose report had just been read he begged
sa"e 10 STATE that aa dlsscn,ed from its doctra, ana
IT'S concus!ons-and he desired briefly to state the
grounds Of his dissent. he denied the position as
sumed IN the report, tbat the law Of 1870 providing
o trial ny jury OF persons claimed as fncliycs from
service Or aoor was unconstitutional, for the reason
that II corilc'cd with the law Of Congress of 1888
III II did so conflict, The law OF Congress was un.
constitutional. The power al regulating the manner
he sad, OF asce!alnlug the TACT whether the fugitive
owed service of 9Go. 10 tnnlhcF, where given 10
Congress OF l.93 vas iDend.j 10 and did in fact ex
cuds trial by luTy, it YES not only Unauthorized BY
"c constitution, bal was,osi;ipey at with the 9Th
article oi the amendment # the Constitutions which de.
cli4d that no person sbeuld be- deprived Of life,
bcr'y, or property, w!tiaut due process Of law
ihls expftss!on-"due process Of law-was we'll
understood By The frances Of the Constitution, as any
phrase which the iawye= 1t applied 10 This case
Of the escape Of 'nge, and, SO applied, meant trial
by Jnry, according TO The course OF the common law
Out, u Tins jury law WIS unconstitutional, how much
less SO vas line bill recommended by the judiciary
m'!,ee, which was designed to supply lie place: /;
"niy provided Tor anaiIir mode Of examination, 10
c'Iian the tact o! "iSTeY. Both prossscd to have the
game OBJECT IN view, differed only as to the manner
oi attaining II. 81, aIn, II The act Of iS49
constitutional It medal &c. to REPEAL it. 1t was
VOC, and arepeal Tou.t Ia unusual according To- all
precedent, 10 It would /. nrsatcTy. Ii voia, 1t was a
II ii had no existence. There cn,d exist, therefore
no other reason for Ike repeal, than that Virginia de
manded OF New York submission, and this repeating
law was 10 give it 10 hr. Mi w concluded BY say.
ing Thar, IN due time, be should ask the ndulg ence oil
the Hcnsc to submit report from a minority Of the
committee
MIR. +. Stroag said this was very important repor,
involving great question. II was one that we should
decide csndicly, honestly; and whatever decision
mace IL should be such decision we should not be
afraid 10 meet another day. /, was perhaps the moss
important question ,t wouid be before the House this
sesson, or ct aay session. And in order 10 give or
opportunity tof risc;or and In have the whole sHbjec
before The I!onse, ne had resolution offer which he
wished - haze printed with tie report, before the sub
jecl was debated.
The resolution is az fo!!o.:s:
Rtsoired, That the report he committed 10 the ju
dietary committee with instructions to report bill
curing proof other than the affidavit of the applcan
OF the identity Of persons claimed fugtves from
service or labor in another State.
aiding in tho escape of persons ied IN service a5o
IN another State shall tie deemed guilty of misds
neaEor or felony
Also 10 report bill authorizing the Attorney General
tn take such course AM; make agreement o. ST.:
pua,on may be proper bring the question Of The
consttuion7liy al The act of this State, declared
constitutional by Virginia. before the Supreme Court
OF the UreG States
hir. l.. Sherwood mad word 10 say on the subjec:
of printing this report. 10 far regarded the main
features o it and far 1t set forth matters
sarv for The Information of the legislature, he concufred
in it, He concu-rrd in it thus far, most cordially. lie
would likewise state also, tina; he had very great
idence III the committee the judicisryIn their CT
pacy 10 make report, and 10 their candor and
tiny IN ascer.a;nins facts. lie had one objection Il
this report however and he d,d believe that this
report had been submitted to the judiciary committee
and that they had passed upon il with that degree OF
care and scrutiny which the circumstances OF the case
required. lie li.ousht there language in that
port that Objectionable. He ref, rfcd 10 the per!
sonel illusions TO members on that floor, as connected
#iih what was called araticism-w,th which this mat
e- had been connected heretofore. So far as that he
objected to IT, lie Did NJ, believe it necessary TO luz
INFO Il report, merely des gned FOR nlofn,ation any
these extaneous matters with which parties heretofore
had been identified. lie believed it neither enlarged
our understandings, informed our Judgments made
us more capable Of acting, than It would 10 set fort!
the facts on which we were TO act in this import
ant aud grave crisis. As 10 printing, he would prefer
that the report be recommitted to the judiciary commit
tee: that they should forth with little more care
the facts and make report with more caution than he
believed had been done in this case. Therefore It was
thai he opposed the printing of It at the present time
He moved that the report lie on the table.
Mr. ii. Brown thought the gentleman was mistaken
il h. imagined there airy thing in that report dis
resnecu to any member Of the House; and as to the
aIlus ons former parties, AID TIE a:e Executive, IT
seemed 10 him impossible 10 make report on this sub
ec without illusions AZ least IN this part G! the history
of the case In It's statement OF acs, far as .e laie
Executive concerned, there was no disrespecuu
alusion to HIM TO the late majority in this House, OF
To the present members o.. The minority he had hearc
none 10 day, or at any other time If The gentleman
from Madison understood that he was mistaken ~
pont Of fact, he presumed lie would not insist Gu his
motion.
Mr. Jones had objection personally that the gen
teman from Madison should have an opportunity o.
S views III OppoblllOH 10 tiesS VI
committee. Every gentleman on the floor vas entitled
to his own opinions, provided lie was honest and con
scicnllous in entertaining and avowng them. he
found TO fault will, the gentleman from Madison III re
card to any opinions he might entertain. But The ln
eiciary committee would not thank hun for his sugces
TORS in reference 10 the coarse they had deemed !
,hei. duty TO adopt. He (Mr L. Sherwood) had insi
mated that this report made by the chairman
without consultation with portion OF the committee
He (alr Jones pronounced that charge unounded ant
unworthy of any gentleman OH the floor.
The Speaker understood the gentleman to say that |
was made without sufficient consideration by the com
uiit,ee.
hlr. Jones-That insnuation is equally unfoundec
and false The matter fully considered by th'
judiciary committee and the facts oe The fully ant
carefully examined believe, Continued Mr. Jones,
,ha, tie gentleman from Madison, has scme peculia
notions on the subject Of slavery, and at those Sc
forth in the report, 10 nntsrit is delicate views oil tha
SUBJECT | do not know, Eor do care, whether ab"it
onisri has had It's influence Inn. /, has not ia'
influence upon any member OF the judiciary commit
tee of this House. There may be language in the re
port no, entirely satisfactory 10 every member OF h
Democratic party. This must necessarily be the case
No report, by any gentleman can be offered here wlc
will meet entirely the views, and feelings of ALL II
impossible Ifthe repor, met the general concurrence
OF the Democratic party this foor that is all cal
desire. | do not hnpe-l do not expect, that it vii