Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-07
VIRGINIA AND NEW YORK.

ed base from the commencement, were The cause Of
that illegal act-t rgnated w'th Wing Legislature,
to catch Abolition votes IN this State, and assa'' the
Southland sustained Throughout by the King
family always the bitte.sst foes 10 the South and 10
Southern institutions.
"When we look back to the correspondence between
General Washington and Governor George Clinton, We
shall find that the Father Of his Country placed the
greatest confidence in the patriotism and integrity Ct
New York in the great struggle for liberty, and noby
dd this State respond to the calls made upon her
at that evenlul crisis Throughout the administrations
Of Washington, Jefferson, Madison and Monroe New
York and Virginia hive been linked together by the
closest ties Of friendship and even after the Revolution
airy Presidents had passed away, Virginia voted with
York. II left for the baelul influence Of the old
Federal party, brought by chance and hurricane into
power 10 create feud between ancient and tried friends;
and now ii becomes the duty Of the Democracy not L.
delay TO 90 the State The Constitution and
The South full JUSTICE by erp"ng'ng the foul stain from
our legislative acts
FOR THE ENQUIRER.
THE NEW YORK AND VIRGINIA CONTROVERSY.
We are gratified to find, that the patriotic sentiments
Of Gov. Bouck in relation to this controversy have
been responded 10 IN the finest spirit by the Democratic
Of New York; and regret to ind tina. The y.
Evening Post forms partial exception. In refer.
much of The message relates 20 this sub
ject, that paper says:
The Recommendation Of the message, that the law
assuring TO persons claimed as fugitive slaves trial
By jury should be repealed, having been declared
unconstitutional by the courts Of the u s., perhaps,
right. Congress, however, should for the security Of
those Of us who not slaves pass law giving the
right of trial by Jury when happened be uniusty
CLAIMED as fugt'ves from servitndc We must have
trial by in1y shall have MODS. Tie of La
timer, who lately claimed at Boston a fugitive
save is an example of this. The courts there held
themselves bound BY the decision Of the United States
and The excitement great that the alleged and
believe, there Is no doubt, the real OF the
slave, fearing n violent rescue, was obliged TO com
pound and give up his claim for moderate Of
money.
We respectfully request the accomplished Editor Of
the Post to review the opninns thus exp,essed and
We confident, upon that review lie will find that
Congress has not the power under the Constitution
puss law of the character Indicated; and, if il had
such Law would not prevent the mischiefs refer
red to-
The Sd clause Of The "a section Of lie 4h article Of
the Constitution OF The United States these words
mo person held 10 service labor State, under
The laws thereof, escaping into another shall, IN con
sequence Of any law equation theein be discharged
from such service labor but shall be delivered up,
on claim Of the party 10 whom e1ch service or labor
may be due.
The proper construction of this section Of the Con
sttution too clear to leave for rational doubt
Our views this point expressed in the report Of
the Select COMMITTEE of the House OF Delegates OF
Virginia of 1871, in these words:
"The first clause is prohibtory upon the States, and
forbds the enactment of any law, the adoption OF
any regulation, in he OF fugitive slave, BY which
he may be discharged from the service of his master
And the second provides that the fugitive s 10 be deli
rersd up summary proeesdiag, ,eiiout The delay
IF formn trial IN eourt n iaac. The Ian.
guage is that he is 10 be delivered up son claim Of
the master And il vas upon the authority oil this
clause, that Congress- at its second session alter the
adoption Of tie Constitution passed the law authorizing
the mase. CT any fugitive slave, his agent or Attorney
IN seiye m Circuit
District Court of the United States before any Stale
Mogstrate who is authorised upon proof 10 his salts
faction by 0rat testimony or oHdori, certified by ma
gisra,c IF any State Territory that the person
selzed il slave of the claimant to give certificate
thereof which declared b. sufficient warrant for
removing the fugitive TO the Stale from which he fed
II vas nso the authority of this constitutional pro-
vision, that the same act imposeda heavy penalty upon
any person who should hinder obsrnct such claim
ant ia seizng arres;ing such fugitive
In confirmation of these views, rely upon the au
lhcri.y of Judge Story. A page G.6, vol g. OF his
Commentaries upon The Constitution, he Gays:
"This clause the one providing for The recaptnre OF
fugitive slaves was introduced into the Constitution
solely for the benefit of the savehodng States, to
able them TO reclaim their fugitive slaves who should
have escaped into other States where slavery not
tolerated. The want Of such a provision under the
Confederation was felt as grlevous inconvenience by
the saveholdng States, since in niaay States aid
whatever would be allowed 10 the owners; aud some
vous, that these provisions for The arrest and removal
uf fugves Of both classes, contemplate summary min
proceedings, and moi the ordinary course OF in
dcal Investigations, 10 ascertain whether the complaint
he we'll founded the clam of ownership be es,ab
shed beyond all legal controversy. In cases Of sus
reced crimes the guilt innocence OF tie party is 10
be made out at his trial, and upon The preliminary
enquiry, whether he shall be delivered up. All that
would seem in such cases to be necessary u.s. that there
should be prma Jacie evidence before the Executive
authority satisfy its Judgment, that there is probable
cause 10 believe the party guilty, such up ord
nary warrant, would justify hIs commitment for trial.
"And. in the cases OF fugitive slaves, there would
TO be the same necessity Of requiring only prima
ucie proofs of ownership, without putting the party TO
formal assertion Of his rights by suit NJ the common
law. Congress appear TO have acted upon this opinion;
and, accordingly the statute upon this subject have
authorized summary proceedings before magistrate
| upon which lie may grant warrant for removal.
The Post will thus perceive that the Constitution OF
The United States conlemplates summary ministerial
proceeding, and not formal trial, of the character
which that paper thinks Congress should provide. The
only question which arise under any proceedings
authorized by the Constitution 49, whether the fugitive
was "held TO service labor IN the State from which
he fled, and not whether he was legally held 1t wa:
not the design of the Southern States, that their ing
tive slaves should have their right 10 freedom tried by
the Courts Of the Northern States If the provision Of
the Constitution in question had contemplated that,
would hive been idle in The extreme. The Courts o
Massachusetts, early ls0-seven years before The
Constitution framed-had already decided iha
slavery abolished in shat State by the adoption o
their bill Of rights. The language Of the bill Of rights
Of Massachusetts very similar 10 that of the bills
rights Of Virginia and Maryland We place M.ssachu
setis end Virginia side By side.
| Iirginia-"All men by Nature equally free ant
independent and have certain inherent rights, Of which
when they enter into stale Of society," they cannot
by any compact, deprive divestiheir posery name
~, The enjoyment Of life and liberty, with the means
of acquiring and possessing property, and pursuing
obtaining happiness and safely"
| .Hassaehuscus-"Ail men are horn free and equal
and have certain natural, essential and inalienab'
rights. among which may be reckoned the right of en-
joyng and defending their lives and Liberties, that
acquiring, possessing and protecting property; in ne
that Of seeking and obtaining their safety and happi
ness