Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-10-22
RICHMOND ENQUIRER.
MONDAY MORNING. OCTOBER 81. 1850
THE CRISIS APPROACHING.

THE CRISIS APPROACHING.
Az Southern journalists we deem our duty To spfen'
before readers in full the extraordinary letter oil '"a
Quincy ST.. which read at the an,i-iuGitvo sa'e Ia"
meeting in Boston The eminen, position of the Wl'' I'VE
age and talents and distinguished connection US rt'''"
isl, with the politics of the county, s" 10 n" 's ~
ument an alarming sign of the times The sophlstry anu
mousirous doctrines oc The ctter deem II h'eo'ss
dwell upon, before Virginia public What can be more
reyonr 10 sense and nsce than his assertion that TIE
pe,ple of Massachusetts thoy adopted The Cohslu
ton of the United $atcs intended tina, the clause Tor Ut
veng up fugitive slaves was to be construed ana
according 10 tie Constitution q the STATE OIL -"aS"
cl luses--hus plainly placing the rights and des''es VI
the whole country which always supposed 10 be pro-
tected bv the rgs The Federal Constitution at the NOR
cv oil The fanacal population o Massachusetts or even III
,la Rhode lslandi What insulting to Sou'hefh iee
Ing and interests fatal 10 Tho continuance oi 'he mon
than his exrng remark that the net OF i' h"S ''"','
been treated ID. null and imperative ~ tho people :"
Massachusetts that fugitive slave was ever w
livered up there ana that III" Law oil '"'' m'
he eonaly isrcsnrlcd and spurned! Tie absnrdlty
Of such propositions has been rcntod ny the conle"fa
neous history of th Constitution and by the solemn d''
sions OF the Supreme Court Northern na well AZ Hoah'ff
udge- The objections Of Mr. Quincy 10 the aw ns un'"h
s,i,utona Of its violating IN" privilege OF '
wri, Of hah.as ropuS find ample le'a.on IN 'h" opinion
OF Attorney General C!.enden called OIL y ho PRESIDENT
Mr. Cr,tenen shews concusivey by reference 10 jIdicl
DECISIONS the consutionay OF The ac when s.Ses |" luz
STAKEHOLDER tan appointed and praceab' remedy III pace
the moro exposed and insecure but not less awful i"e
he cites the famous oil Prigs w. Coz"
monweah of Pcnnsyivania, In which the Shpreue '"uit
decided thai the owner independent. of any aid from State
or National legislation may in virtue OF tho Constitution
and his own right of property seize and reeapt"r m us
i've slave in whatsoever Stale hr may ind him. and carry
him back to the Territory tom wnlrh he escaped
We have roam but short extract :om Mr lrilte!ash
opinion as ioio"s:
Congress in the Of fugitive savea, as in ali o'he'
cases within the scope al s constitutional anh'rtv has
the unques;onabe right TO ordain and e-rrlbe Tor VIVA
causes 10 whut extent and in what manner persons ma!
be taken into custody, detained or Imprisoned. Nlhou
this power they could fulfil their Constitutional trust
nor perform the ordinary and necessary duties ot govern
men 1t heard that the exercise OF that eslsa
tive power any encroachmeni upon or suspension oil ht
pfviege Of the habcas corpus II is only by some conf
sion o idcas that such conflict be supposed 10 exist
II il not within the province privilege of this gr,a, wri,
10 loose those whom the law has bound lhat Would oe 10
PHI: writ granted by law, in opposition TO the aw-io maze
one part the law destructive oil another lh!s writ fo
lows the law and obeys the law Ii is issued upon proper
complaint make enquiry into the causes OF commitment
Imprisonment, md its sole remedial power AMI purpose
10 deliver party from tall manner OF illegal confinement
e Black Com 1917 IT. upon application TO the Court os
Judge for this writ IT, upon its RETURN shall appear tina
the confinement complained ot was lawful, the VIII IN lht
would be rearded his formal lawful custody The coi-
di,ion of in custody fugitive slave under this
far respects the writ Of habeas corpus Is precisely the
same that OF all other prisoners under the laws o the
United States The privilege of that writ remains alike To
al! of Them but be Judged of-ganted or retusedio
charged enforcedby the proper tribunal according TO
the Of each ard as the commitment and
detention may appear To be legal or illegal.
The whole effect of the law may be thus briefly stated
Congress has constituted tribunal with exclusive Jursc
lion 10 determine sn.ar;r and without appeal who are
ytyes i ,ice laior under tho second seciion oi
the fourth article OF tho Constitution and to whom sc
service or labor is due The Judgement Of every tribunal ot
exclusive Jurisdiction where uppeal es s OF necessity
conclusive upon other tribunal and therefore inc uos
mrnt of the tribunal created by this act ID conclusive upon
all tribunals Wherever this Judgment is made to uiear IL
is conclusive of the right Of the owner to retain IN ms cus
y the fuqv. from HE service and 10 remove ha BACK
10 the place or State from which he escaped II II shown
upon the application Of the fugitive Tor WIN o habeas cor
pus II prevents the issuing of the w upon the return
il discharges tho and nain,anS the custody
The view of the law in this case is fully sustained by le
decision Of the Supreme Court o the Unicd states IN the
case of Tolias Watkins whore tho refused 10 dis
charge upon the ground that he In custody under The
sentence of Of competent jurisdiction and that dg
msnt was conclusive upon them. Is Pet, WV
The expressions used the last clause of tho sixth sec
tion that the certificate therein alluded TO shall prevent
all molesalion the persons 10 whom granted by any
process issued &C., probably lean only what tho nct n
1888 meant by declaring certificate under that act sai
cen warrant Tor the removal of fugitive and certainly io
not mean a suspension of the habeas corpus.
conclude by repeating conviction, that tere - no
thing bin in question which conflicts with the Con
sulion or suspenis intended 10 suspend, the p
vege of the wrii OF tGtsds cori'"s
have the honor be- very respectfully, sir your ooeden
servant, :! !! 'hii ir-NDf''
To rnE PREsiDESr.