New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-02-09

,urrendering three of our citizens to the demand
of Virginia If there w.s doubt there was rs
| lust cause of offence. doubt IS always 70 oo
given in favor of liberty To deprive three OF our
e;t;yens Of their liberty upon doubt woald De
good cause of impeachment To say the most,
+ IRA, case for the Judiciary, and might have
been anicably adjusted Ike the recent snslagous
case between Pennsylvania and Maryland When
similar reauisition of Pennslysnia was resisted
friendIy issue was formed ard the verdict OF
;urv taken as to the facts and the whole submitted
70 the decision of the Supreme Court OF the Uni
ted States.
Bu, the Executive of Virginia chose to take
| threatening attitude and pursue a hostile course.
He frs, addresse. a circular letter not to ali the
associated sister States, but exclusively to the
Stare holding States exciting sectional prfJud'ces
and combining sectional interests, and limiting at
measures of retaliation.
Next the Legislature of Virginia pass the IN
constitutional and insulting law OF lS40
The title of tn. law is as follows:
An act TO prent THE CITIZENS OF NLwi OK Jr. N.
.cape Of persons rged a tie 81 sHy
az BE enacted BY ss General issernoy That II snal
NOT be law full OF any SIZE or DESCRIPTION OWL
ed in whole or in par commatded navsaied oy any
citizen or resident OF the State Of r-f York or any soch
|
ed bv auy other person actual GhabaHt and resi-
dent OF this Commonwealth and departing rom any PoI
in this any port In the State OF orA 10
from this Commonwealth OF any bay river, creek or
ether OF this State until SAID vessel has
other provisions hereof sha, have been cosped with.
Provided that nothing herein contained shall apply 10 any
foreign or nationals vessel
| The second section provides that no such vessei
shall sail from any port in that State until the IN
.pector shall have searched it and given certlh'
| ,ba and 2
provision is violated the Captain or oraer shall
nav a fine of $780, to be recovered by indictment,
information or action of debt.
The third section provides that any vessel owned
in whole or in part, or commanded or navlsated
| BY any citizen or resident of Newly ERIK, which
shall come into Virginia, no matter from rhdt
place or TO tchat place bound, shall give bond
in the penalty of $1,000, with TWO tnhdbttants ct
| Virginia as sureties, not TO Violate any OF The
provisions of the act and 10 pay all damages
which she may occasion, &c. If unable to give
security the Captain shall deposit the ships pa
pers with the Inspector and make affidavit that
the vessel shall not depart without inspection. Ii
the Captain neglect to comply the vessel is to be
taken possession of by the inspector or Pot'ee
officer ard held until she is ready to depart, when
she is to be delivered up to the Captain on his
paving the said police officer three dollars day
e PoSSSS''oi
The 9Th section provides that ten dollars shall
be paid for the inspection, together with all costs
and charges and that the vessel shall be held liable
for the same.
Sec. gives the inspector power, on suspicion
of resistance, to call out tAe power of the county
Sec. IL places the onus probandt upon the mas
ter who denies that he is citizen or resident OF
the State of New-York.
The last section declares that the act shall take
effect on the Ist May, 1912; % but that the Gov
erner of this Commonwealth may by proclamation
suspend the operation OF the same until the end OF
the succeeding session of the Legislature of this
State, whenever he shall be officially informed
that the Executive of Netr- York shall hare bona
f2e consented TO COMPLY WITH THE DEMAND Of
he Erecutiue of this State for the surrender OF
Peter Johnson, Edward Smith and 1sanc Gansey,
as fugtives from justice, and that the iap Of Metz.
York of the 9TH Of May 1912, entitled "an act
to extend the right of trial by jury HAS BEEN
REPEALED BY THAT STATE"
This, sir, is the substance Of that injurious law,
dictated in a spirit of arrogant hostility, and in
tended to coerce New-York into submission to
Virginia. A similar law has been passed by
South Carolina, and the example will soon be fol-
lowed by all slaveholding States.
Our commerce with those Southern ports is
tensive and valuable If they can exact a penalty
a penalty Of ten thousand. Our whole Southern
commerce i. at their mercy. What is to be done
Shall we yield to the conditions prescribed to III
as TO captured enemy? Shall the Governor off,
cialiy consent to surrender the fugitiyes' VIZ
! he do it How shall he word the communication
| How shall he express his humiliation and the
abasement of his Statel In what manner shall he
put on his seckcloth. How shall he heap the
ashes on his head Sir there are no words in the
language which will not make the ink red with
shame in which the degradation is communicated
Or, sir, shall this Legislature repeal the Jury
law That, too, is impossible. If the lew is
unconstitutional it is void and needs no repeal if
tits Constitutional we had q right to pass it, and
no State earth can justly call Us in question for
exercising tha, right. Virginia tells us law is
unconstitutional, too clearly TO ad,ait of debate
we are told recent decision OF the Supreme Court
eff the United States has declared a similar law of
Pennsy lvania unconstitutional. If so, why ask us
to repeal it2 1t is a nugatory act. Ii has not
been the practice of this State. heretofore, to re-
peal laws which have been declared unconsttu-
tiona Repeated instances have occurred of laws
pronounced unconstitutional by the Supre me Court
of the United States, and by the highest court of
this State; yet in case has the Legislature been
called upon to repeal the law or deface the record
The law becomes instantly imperative ard dead
by the decision of the court. Why then call upon
US in this imperious manner to do a useless act?
It can be only the more to signase by public
proclamation, before the whole world, our humilia
honour submission
NVirginia, confident of the justice of her course,
wishes to put an end to this law, why does she not
take the usual and appointed course of bringing it
before the Supreme Court of the United States :
The delay is 10 Objectionable law has been in
force nearly three years and within my knowledge