Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-11-15


fence. c;,,,, q, urotcct himself from,
any contact with the coloed mop 'ial h;II an, .
nj ~ ~ ;n.s y, the L. s. Hotel. Nothing but The fear
Of a revolver prevented 4 catas'f"i"" anu "
law silent ;,;,,I ,,ocess issuei bv n
., ~ ,, uere oil charge of Kidnapping, retu'naoie 70
IN, nn;ce court This is very questiohao.c pioIs ~
Justice in Boston may perhaps near % nccnrrence and
III. % when the police court is open 10 near com,
n,l no Justice of the police court WOMB se ,ssasu
a warrant ON such complaint "hrh VIZ ~ % before h.
luz :" h warrant and it not served me papers say
Inn, me officer was directed not TO serve II uh' 's' " d.
to insure the Imprisonment Of the parry. .; , Al,
Now LEI us sec how the law stands IN inns 'ssuu y.
, nrocccdinrs upon alleged kidnapping must pc io"hueu
~ III mon The Iaw of Massachusetts, whch aet.es .at
if any person. Without tarfM auhoTG sna nha he human
u ,hr.f,r The act must be done without ia"iu auhoy.
Now il was known that the agent OF ne saw , ="
here with power of attorney 10 1aAe uI ned r
addition TO this that warrant OF arreHl hau oee' "
tho hi,hest u S. Court In the disrcl. ~ 49,, a., -
The supreme judicial court OF Massachusetts uma .u
,rcme court of the United States the hieles' NJ VI
ons,;,n,iona law State and national nave oo uc'uea
h,h If these constitute lawful authority To
seize or arrest fugitive from labor ana convey nm ~ .e
State from which he fled Fnnatcal lawyers an. wv" a4
,as yould do well examine the laws Vi lheiI own
c., hafrc they give crude opinions upon It's uncost-
,;nnaly that may excite mob to Resistance anu onnce
The case of the Commonwealth vs. urilhi, III 'e 4iu
of pickprnnS reports, p IL oSs'ea
IN njicrment was found against Grifhh Tor an aeSed
assault and battery in sczing and cohhnng ONE nanoo
arlv the property of one McCarty, oil Virginia. DECREASED
Randolph hui lived in New hTa'0I lie owned hotse
here md had family Griffith had al Authority IN wrlns
not under seal from Mason, The administrator III sisa
of Mccarthy 10 seize and arrest tahuo'p, pun ;,o ,h
mutiyc act of l793 section ). That section poSes 'al
lie person to whom the services OF Il luelWe Is aue US
agent or Attorney is empowered TO seize or mss .
live and take him before any Judge Oh Tie u >, &
n,l tu
mdpc or magistrate by oral testimony or oiiiua'i 'a ~
nerson 80 seized arrested owes srrylfe u'ei ''o
the State from which he He'd 1t shull be Inc euy " wv.
udoe or magistrate give certificate thcreol Hi sd'
,an, warrant for removing The sud fugitive to tli
State or territory from which he ied Inc oHi se.'io
the recent fugitive act contains the sumo PROVISIONS eA.Jp
that L. s. commissioners are substituted iol S'a'c 5
o,es who have been prohibited by State laws rom acg
II one is CONSTITUTIONAL both are, ana hence .e opin "
the Supreme Court of Massachusetts IN Grllhs casI 60
yars rho recent case OF the agent IN The case Oh
Cr,fs Those who think 10 bring the Supreme Coull VI
aIassachgsSlls In conflict with the supreme Iouf u III.
g. States upon the copsltutlonay vi ms 'a" WI. se'
Tho ility of H. if they Capable of reading ana uhde
,spdng the opnions of the Massachusetts oenc delivered
BY Chief Justice Parker in the Griffith case and oy ing pre-
sent Chief Justice Shaw In the case o Aves III TIC ION
Pickerng's reports. r 49,, ,, ~
,e3 was maintained by Piny Merrick and Marcus Morton
counsel Tor Griffith and was contested by inc attorney gen
ernI Perez Norton William Bayles and Parsons men raie
competent 10 try tho constitution than any OF the
blant young lawyers on the committee OF vigilance. III.
court unanimously sustained the consiituolay OF inc ac
of 'n3 Judge Thatcher dissenting only so lar as 10 A
intended that the seizure should be made III conformity
the laws OF the several States" But the court decaed na
even power of attorney was not necessary anu tat TIT
urnt of the owner or of the administrator might come mere
and reclaim and seize the fugitive without warrant a
that was constitutional for Congress to prescrbe te oo
of retaining slave and that when SEIZURE IS haae i
10 be made according 10 the act OF Congress anu o.
mnby 10 the State laws Griffith sustained IN ms ar
rest OF the fugitive and chief Justice Parker SAID we az
not uerceiyc that the is unconstitutional anu we tS
that the defence is we'll made OUT And he aoucd 'nat c
construction given BY the court to This statute o 1879
bud been adopted the federal constitution wen
into operation by Lop aud aes justices oil the dis'flc
court of the United States"
Tho more regent case of Ayes In the 18th of Pickering
reports page 93 distinctly sustans the validity Oh me law
of Congress for reclamng fugitive slaves The earnec
chief Justice Shaw .ycs for the compact OF the
Norurn with the Southern States III the constitution y
deliver up their ugve plainly that no man VINO cam!
considers il can fail that II question OF no union
or of constitution with that provision ana lnn MilhoG
union then las should be the Union were ossoVec
the return fugives either be matter OF treaty OF
independent States the source OF endless anu des
lating border wars.
II Is manifc.t then that the supreme court Of Nassach,
setts whose decision binds all inferior tribunals hold that IN
seizure of fugitive from labor by an agent IKE reeves
Knights with power of Attorney or ms arres undeI wa
rant is constitutional and lawful and that upon proof show
Of such seizure arrest il would be DECIDED by chsl Jul
ce Shaw and the whole court 10 have been done rM lay
full authority and therefore not Kidnapping or an attempt
kidnap And this shows that if the lawyers who issued tao
wri,s knew the laws and decisions Of this State ana u
highest court they have known that neither cis
criminal suit against these agents could be sustained mo
icnt before the courts.
We have cited only State decisions this but h'
highest exponent of constitutional law, inc snpreln'
court OF the United States, remnns TO control ah Siaa
courts or State Legislatures, In ihls mater. ihi
Tribunal, the Umpire for all the States has mos
distinctly settled The question by The learned ophioh ol
northern nudge Si0y) in The case OF Commonwealth .
Pring the 10Th Peters reports On that case covering
the whole ground stands tho laT OF The land and no ola
court has attempted will attempt to call II In qneson.
Mo
on this grave subject have submitted candid view
the law az u.s. and every cool man mus see that IL WIZ o.
expounded and enforced in oil our courts "iae M n
ona He who seeks 10 resist The Inv as is BY violence
by practical notification by abuse o lr!nl process may
acquire temporary poiorety but ho viii "' III" nl'iia
good for himself und eas! OF all Tor i'e 'a'st 81 m
for let him be assured that whenever the issue comes III la"
abiding New England between the decisions OF The mop "
the decisions of the magistrate the latter WIN be sus'hhe
and the former crushed BY oil the moral intellectual petn
MARY and ply honor Of the community and il need De
OF the whole country.
1--WE frankly tell you that far as we are concerned we
despise the Union and hate the North as We DO nell lse
Il Columbus (Gd.) Sentinel
Snch is specimen of the malcdclions poured iorlh ny
the dsunonsis Of Gcorgia-who fortunately compose ou
corporas guard of the great popular mass. As admitted
by one of their organs, Uhe Columbus Times)
"Secessionsts rather scarce in Georsia-we mean
those who aro,r themselves such There rH 0c gren,
many more by and n.y. We are patiently awaiting 'ho g''a
time when they will multiply like the loclsts
The Columbus Tnesis right. However they may dis
guse their true disnnon sentiments with view 10 uero
demonstrations anl M Cobb in his Macon speech warned
the people against such find scarcely any OF the once
rampant scccssioniss the policy Of resistance to th
late action of Congress.
Muscogee county, in which is Columbus, has been the hot
bed of disunon the Times nd the Sentinel have don
all they could blow ZIP the flames Their labor has beer
thrown away if the Macon Journal is correctly informed
by telegraph of the result Of the election for Mnrsn oil TIT
City of Columbus. That election it seems, was made
test question: and Robinson the Union candidate was cho
sen by hundred and ftfy majority This is strong
sign in city, icnths Of whose people, we Ind beer
urged TO believe lin the language Of the JounaD "subss
ted entirely upon fire" The result of this little election
however proves that dsunion has foothold even II
Muscogee."
Friend Roberts of the Boston Times has TO rejoice
over the erection of his and princely utace OF III
prcssa magnificent sx-story building OIL Stat
Street Last had occasion to notice the beaut
full and powerful Hoes Fast Printing Machine, on which
5000 copies OF the Times struck off every hour We
should have been happy form of the large party
which had meuy-making thu installation Of the 70
vorite Times into its superb new manGion, We know tina
friend Robots would have protected against the fanatics
whom in hiq excellent paper he handles without gloves
IF -