New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-02-08
<. wEpNEsDAY MORNING, FEBRUARY s. 1s4s.
From the Albany Evening Journal.
SeD=Fors 1sglsIature.
~ SENATE F,h. 1

Mr. Porter presented repoI, OF the Inspectors
OF the Auburn Prison IN relation TO the Silk Cul-
iure, which was ordered printed.
Mr.. Root called for the consideration of his pro-
position to instruct the Committee of the Whole
so to amend the bill in aid of the construction of
the New-York and Erie Railroad as to make the
road State Work, and place the same under the
charge OF The Canal Commissioners.
After few remarks from hlessrs. Foster and
Root the Senate refused TO take up for considera-
ton Mr.. Rs proposition BY the following vote:
AYEs-Messrs Dickinson, Franklin, Plat Putnam, Root,
WORKS..
NoEs-lA
The bill to aid in the construction of the New
York and Erie Railroad was, on mo,isn OF Mir.
Faulkner, made the special order OF the day for
Wednesday next.
The Committee of the Whole took up for con-
sideration the bill to amend the charter OF the NaG
titus Insurance Company. Passed.
Also, on the bill IN relation to Common Schools
in The city of Brooklyn. Passed
The Senate then adjourned.
IN ASSEMBLY. Feb d
PETITIONS PRESENTED AND RETERRED.-For
an alteration Of the law by which corporations are
to hold real estate for additional chancellor, or
FOR the abolition Of the Court of Chnncery; for
law suspending The collection of the ins,aiment Of
the United States deposit fund for law that pro-
perty shall be sold on execution ouy al go-thirds
of its appraised value.
The JURY LAw-Mr. JoSEs, from the Com
mtteo on the Judiciary, to which was referred so
much of the Governors Message "a refers to the
controversy between New ork and Virginia, and
also the bill introduced by Mr.. j. to repeal the act
Of 1910 extending the right of trial by jury to fugi
tive slaves, made detailed report on the several
subjects committed to their care.
x,ofth a
taken by Governor SEWARD in reference to the
controversy.
Mr. E. F. WARREN said that as member of
the Committee, he begged leave most respectfully
to dissent from many of the doctrines and the con-
clusions To which the Committee had arrived
The reasons of such dissent he did not propose
to offer, bu, the grounds he would very briefly
state.
In the first place. the material provision of the
law of l840 TO extend the right Of trial by jury,
which it is proposed 10 repeal as violation OF the
constitution of the United States, is unconsti-
tutiona IF it violates the of Congress of 1893,
that itself is unconstitutional because the re-
gulstion of the manner of ascertanng the tact OF
Slavery, is no where given to Congress or prohibit
ted to the States BY the Constitution and does not
belong to the federal jurisdiction.
Again, if this act of 1898 is construed to ex-
cude the trial by jury, as provided by the statute
of this State of 1910, it violates the 9Th article OF
the amendment of the Constitution of the United
States, which provides that "no person shall be
deprived of life, liberty or property without due
process of law" That when the Constitution
was adopted, as now. the phrase due process ct
law" had definite, ascertained and well-settled
meaning. and as applied to the case of the escape
of fnetives from labor or service, means trial by
jury.
In the second place, if this provision by which
trial by jury is prescribed is unconstitutional, the
proposed law is equally so. They both aim at the
same object, and propose to reach it in different
manner.
Again, if this provision is unconstitutional, 1t
is void, and a repeal would be both unusual and
nugatery If void it is in effect though 1t did not
exist, and to repeal what has no force is Idle
The practice is at variance with all precedent and
unheard Of There can be but single reason
why this extraordinary farce of repeating law.
! which, if void, repeats itself, should be enacted
Il is that Virginia demands that the proud State
of New ork should be humbled, and the bill re-
ported by the majority of the Committee proposes
degrading compliance with that demand.
Mr.. w. said that after sufficient time had elapsed
to enable him to reduce the views of the minority
to proper FORM he should ask the indulgence oil
the House to be permitted to submit report.
Mr. E. STRONG said hs hoped so important
question: perhaps the most so of any which could
come before us at this session, would not be decld-
ed without due deliberation and adyisement and
be offered the following resolution of instructions:
Resaptd That The repor, be recomm,ted to The Judca-
ry Commiliee with Instructions 10 report b!l requiring
proof other than The affidavit OF the applicant Of he ldenny
persons claimed fugIiye from service or labor ID an
other State.
Also decaratory act that no person accused OF
aiding in the escape of persons held TO service or
labor in another State, shall be deemed guilty OF
rnisdemeanor or felony.
Also to report bill authorizing the attorney
general to take such course and make such agree
nent OF stipulation as may be proper to bring the
question of the constutionality of the act OF this
State, declared unconstitutional by Virginia, be-
fore the Supreme Court OF the United States.
Mr.. L. SHERWOOD could not thinl. that this re-
port had been submitted TO all the judiciary COM
missee and by them examined with their usual
care There seemed to be too much fnggtng IN
of axtraneous and party matter, and offensive com
ments upon the course which other members have
taken. This did not seem to him proper way to
inform the judgements enlighten the understand
ing of the members in deciding this grave and i'm
porlant question: He would rather that it might
not at present be printed, but might lie on the
table
Mr.. JosEs thought the insinuations thrown out
BY the gentleman from Madison, against the chair
man of the Judiciary committee, were unfounded,
were unfair and false, and he was surprised TO
hear them from the gentleman from Madison
If lhet gentleman was affected in any way by
abolition-and he appeared to have peculiar IDEAS
of his own about slavsry-se Mir. J would let
him settle those questions for himself. He did
not expect that the report would meet the appro-
baton of every member Of the House. The judi
cary committee had given their views on their
ewn responsibility.