Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-03-06


Judge 1T the Crcuit District Courts of the Unite.
States, residing being within the State, OF befor
any magistrate OF county, city or town corporate
wherein such seizure arrest shall be made
upon proof 10 the Subtraction OF such Judge magis
rate either by oral testimony affidavit taken before
certified by magistrate o such territory, tina
the person seized arrested DOTH under the thu
territory from which he she fled service o
abour TO the person claiming him her, shall BE- the du
~ Ot such Judge magistrate give certificate there
OF To such claimant his attorney, which shall be
sufficient warrant for removing the said fugitive from Ia
bour, the state territory from which he she fed
The enactment OF this provision is conclusive the
OF the of the United States, that did
psess under tue constitution Of the United States, author
y cCsae for the attainment the provided
in the constitution. Besides the direct repeated
an which this has been brought Immediately To
the notice OF the federal judges. and in which they have
acted according 70 the requirements Of the statute be
considered adding Judicial the constitutional
power OF congress 70 pass act having for it, the
object proposed The duration Of the OF Congress
from the period Of its adoption ull unchanged adds
the iu force OF the public opinion the before mentioned
weight OF authority that Congress constitutonaly pos
the power cgsae attain the object proposed
Indeed Congress does not such power who else
possess it, in such mode render the power avsia
BILE Can Virginia cgsatc in such manner $ affect
the conduct OF a citizen OF N York Massachusetts by d
personal individual application to him, than "
Y Massachusetts legisate such affect the
conduct OF individual numbers ut individuals dwelling
in Virginia intending quit her eontncshaving no
property whatever Virginia; personal
ont OF the Sato more direct interest in the state OF New
York OF Massachusetts than they have in Ohio
Mississpp-ndecd, less than they have m Mississippi in
regard eas-each possessing inscparabe
common interest in particular in which n. York. Mas
sachuses and Ohio appear suppose they have far less
In which, in other words, the resident Of Virginia
has other than that which your committee hopes
and believes considered the interest OF all, viz:
The Of the union 81 these and the great
advantage OF the descendants and knsmen OF those who
founded it.
But provisions OF the aforesaid act Of congress have
not bSen eectia Tor the purpose intended 1t very obv
that certain OF requirements have merely been
disrcgaded, but the authority require officers to
perform the duties enoncd by the upon them has been
much questioned 1t is needless to discuss the point The
decision OF the court in the recent reported in
46 Peters Is deemed by your committee perfectly correct
upon this point less than Others IL l. at least evident
that however sufficient the OF the L. = might have
been regarded the period enactment To attain the
sruiona object proposed adequate the pur.
pose. The facts Of the submitted to your
mittee distinctly prove this We must Mr.. Speaker, have
the law amended by the Congress OF the United States
acting by virtue OF the Constitutional authority when
the Congress enacted the provisions OF the OF Ireland
acting in the spnt which prevailed every where and
governed Congress when enacted the referred to-
which an unfortunate change IN the spirit OF large portions
and Others recognized citizens but for whose
peculiar advantage this Constitution never framed the
declaration OF independence published the battles OF
the revolution never ough of other states, renders
perauvely necessary for US 10 desire.
To the words of the report adopted by the meeting
Norfolk, The redress 10 be sought least for the present
ought 10 be appeal Congress. The Constitutional
power OF that body privde cectual onacimeus that
person held ab5ur under the laws
thereof escaping into another shall be delivered upon
t.
II Is presumed, be doubted by any Has
provided The facts stated conclusvCy shew that has
not: for clearer tile 10 the slave cannot be exhibited
throughout the univerSeand Notwithstanding he sGiz
ed and arrested, and carried before Judge OF the federal
court, yet mis- master could not hold him."
The meeting Norfolk recommend the simplest and
feasible enactment that Congress should provide .in
addition existing laws that when fugitive slave shall
cape into another State into O the territories OF the
United States that the owner his agent attorney uIay
IN his opinion 1.-THE necessary to remove the slave apply
Judge OF the circuit district of the United States
residing being within the territory where such
slave be, who shall be required hrrCupon his
preccp commanding marshal o the court t. arrest the
slave or thu slave be already arrested by the owner hs
agent attorney 70 take the slave has the nashals
custody, and forthwith carry him before said Judge; that
the narsa shall have authority 10 make Temporary appoint
OF many deputies ne may deem proper effect
the arrest and sale custody OF the slave; that the marshal
mis- deputies shall continue hold the slave the nudge
shall decide finally upon the claim; and that If the Judge
grant the claimant the certificate for the removal of the
suve the marsn=! ms deputy shall be bound 10 scconpa
ny the owner, his attorney, confines any
other part OF the territory where the owner his
agent or attorney may require and there to deliver him
his slave"
TINS stated IN the report would place the slave from
the commencement Vi MS arrest throughout the whole pro-
ceedng before the Judge and the slave remained ne
cessarly in the state, in tic custody law: aud II
added that b. suitable easctnens custody, WEI
the subsequent custody OF the owner, his agent or ai,or
nuy, until nc reached the state IN which he resided could
be cectuaiy guarded that Individual, hJwev
er disposed would nave lie hldo0t to attempt to disturb
It. Moreover represented that congress might also IL
the TINE provide, that the deputies
scu!o ind dhcuV ~ OOtilnIng IS L ace the
Uy u the slave, tie Judge might direct slave, should
he removed the forts, arseuas cust5n.holscs &c S~
10 be kept securely and tie opinion expressed that b.
the enactment y; such dw auxiliary t. the present u.
acimtnts the su5ect the constitutional guarantee to the
slave would be rendered erciu1l and harmony Id
this delicate and exciting subject restored the country
our committee aGds It's approval 10 these suggestions,
and with anxious wish that they may be adopted here
appropriately urged esewhoe aud would express their
concurrence ~ opinion ii the Norfolk meeting that the
had. fHe Of
constitutional night which tue people Of Virginia ought not
10 surrender and will We believe, eventually harmonize
. entire country
In concluding the report, the Committee appointed at
the fret meeting Of the people Of Norfolk and the
ing country, expressed their abiding confidence tine
legislature OF Virginia. before whom the Governor
qucsted the proceedings would dispose Of the sub
Jcct IN manner commensurate with it, importance This
expression Oi opinion fully sanctioned by the adoption
OF the meeting, and your committee fully that this
reliance only we'll expressed contents itself with the fore.
going statement Of facts opinions and dcss hoping that
III the end oil may be well.
One subject alluded IN the Of his eH
ceency the governor Of Virginia, your has dee
med h merely refer We aludc ihcapp.caron of
the executive Of Vna 10 executive Of Massnceusets
for fugitive from justice. This subject constituting no part
OF the recent grievance complained Of by the people OF
Norfolk and the surrounding country considered
by the committee intended to be referred them special
~, ana as IN addition hls eHceency the Of Viz
gia has expressed the house OF delegates that
pondence with the executive authority Of that state hth.
Intellectual, will be resumed II was unanimously agreed
by the committee, tnt would be proper at present to
act upon that branch VI tins exciting subject.
Your committee has not deemed II all requisite 10 di.
rect their attention the opinions which have
been expressed upon the mere question OF slavery and far
ss necessary discuss with any the advantages or other
Of slavery IN Virginia Lei enough for Others know that
We entitled q legislative aid, and respectfully. but dcci.
dedly request What the disadvantages OF slavery If
any, cucouncrihc advantages be- derived from
IT, We claim right. Tie state Of Virginia will pass
such cnacmcuts regard 10 her black population her
Legislature deems called for by the convenience Of her free
citizens. Upon those terms among others, the people Of
virginia accepted tue federal constitution She dis
posed . iOrcg1 u any manner, h." rights IN this regard
She will not brook interference from without. She asks
legislation Of her sister states which may them 10
encourage, promote, even o defend institution with
which content She merely desires. respectfully.
but decidedly tine Congress Of the United States render
cectua, the shts Of Virginia. guaranteed by the federal
constitution.
In taking leave Of this subject your committee feels
strained 20 say at the presented by the facts of the
escape Of the slave batme and the inability Of his
uA.m.L Lrm- hmm a-. NlrruI. nL nm. u--t rn.-