Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25
and navy of the limited States he is the commander-ln-

chief no all tlilcs J., .ho ,o;l;.,
The governor of Virginia may embody the hiiii :
only when the .pubic safety requires ne c''hoC ioI
LIGHT and trivial causes cmbody the militi VI " icssl
n law passed i'll pursuance oi the coio'i ".
United States If he undertook to 90 '1.'' WY NJ
himself would be mpeached by the h'use " ueiI"'cs
and carried before the senate for trai ;, ~.
Of his own State pronounce the law un.''iS'i'"'''''
and the Supreme Court Of the United otate. pronounce
the law constitutional if resisted Ill an IL must ~
resisted lv tho marshals If the district or by the
shcrifIs of Your own counties Now inc o', leu 'i
can be entertained IS that hen Inc oo'cieh' vi .i'
Sunre,a Court have pronounced that law 10 be const
,u,im,l and The marshal of the United States l, pr"
c..dn, IN execute tina, law, the government OF II
yina NAV call the governor oil Virginia !" chious
The militia 10 resist the execution of that law withl
tho limit. Of the Stae How can he interfere III The
case of South Carolina: suppose that o'a,e snoui'
undertake Mt this moment to sccede from the Union
how can the governor call out the militia to interfere
l. therc any law to he executed in Virginia which Ii,
can resist, Can he cmbody the militia to repcl inva
sion to suppress Instruction, or to provide Tor the pub
lie safety Of Virginia 7 Clearly not. and he is no
called unn to provide for the public satety "i Soutl
Carolina He is not called upon to resist the law
outh Carolina Is lie called upon I" carry the Law
into execution there He is only called 10 e:ba!l
the militia when the public safety of Virginia require
H. and nj 10 other time. If the gcneial government
undertakes 10 execute law in Virginia they must exc
it be constitutional in reference to the constitution
Virginia, and of the United States, the governor l.
sworn to execute that law with the whole military poye
of the State. If he fails TO execute with the "iio,
military power of the State, if necessary, Jaw whci
HIS been pronounced y vour constitutional authnrltie
60 H., constitutional then he Is liable I" Impeachment
for mal-a,ninistraion III office. You must give n;
cretou him in Calling ont the militia, for II y"t mn:
the exercise Of the power great evils must arise, wli'
from the discretionary exercise of the power, ciil'"
imagine Il single evil which will result. Why IN what
manner can the governor involve the State governments
in conflict with the United Statcsi Here Is tho ie
gslaurc which may call itself into session, and which
can in any attemp of the governor to abuse this pow
err a. once check and restrain him. They can reli"ft
him from Office and then there Is the lienic'au; GOV
ernor to take his place, and then ais" the pr"'. :"
the constitution which declares that il both ere inco
potent hold the office, the general assembly may pro-
vide. for some other p,r,on to hold the oilice
Mr.. WISE dislike to trouble the committee III TINS
matter but can give the gentleman the eNampieS'--
cne ut either e,d al the Union, and iiis VIII take I'll
example north Notification in the south Is Il most
odious thing to the north and should think that nut
LITIGATION at the north ought to be equally odious 20 the
south. 1t is to me- Here is state of the Union TINT
undertakes to declare that fugitive slave shall nnt be
reclaimed Suppose goes step further and declares
that the owner of the slave shall be kidnapper So
facto if he pursues slave i'll the north suppose ii
goes further and by an ordinance of Convention at
once applies odous test to the State Judges not TO
execute The Fugitive Slave Bill. Well suppose you or
60 to The north to rccaptg". fugitive slaves apps
,hen this principle The State government Say a! er-
mont instead Of delivering up under the constitution
and laws of the United States, fugitive slaves com
m:,n,ls Us To bc arrested kidnapPers. The Stat"
Judges are sworn execute the law Of Vermont They
put us in prison. apply TO the State Judge for VIII
of habeas corpus to release the body the state ndse
sworn to execute the law of the State and not to exc
cute the fugitive slave law We then apply to the fed
erai Judge To release bodies lie orders the marshal
bring the body, writ of hajcaS c"rpas before hn'
state sheriff stands the door Of t:r astIle and Tor
bids the execution Of the order of The federal judge
What is TO be doaet sappcse there would he rc
port TO The i;dge by the marshal tina; he could nor eN
,cutc his order and that c resisted by the state
authorities Of Vermont and there would he report
made by the United States judge TO the President Of the
United States that the laws OF the Union could not be
,xecuted Then under the constitution of the Unite,
States he must call forth the army and navy 10 compel
Vermont TO yield the body OF Virginia citizen from
Imprisonment The army of tho United States starts
rom its various posts, and some intervening abolition
tate chooses to call that march of the federal army
cross her borders invasion, and to take up the doc
rinc that state cannot be compelled To obey the laws
t the constitution and the Union. They undertake To
AZ, that their borders shall not be passed by the forces
i the federal Union to open the b.sti.e which impri
Ms the body Of a southern stakeholder ask gentle
Of the south whether they can tolerate the idea of
Governor, say Of the state of New York,-t sht be
Governor Seward-in calling out the militia of New
DIRK in undertaking to say by his nagistcral aahor
v that it was invasion and that sovereg state of this
mon could not be made to release your body or mine
Imprisoned under such circumstances beg leave 10
~ that imagine that case 1t the north; and can
lsy put case in the south Suppose that there had
cen ;,s! of mske in Texas the other day. Suppose
lcrc had been the flash OF amCskct Ill South Carolina in
tempting to collect the customs of this country there
tlo hat a lrnnc
ON fortress Monroe here, or to come from its various
os 10 pass Virginia. borders and the Governor Of Eir
mia should put his arms akmbo and say that this force
nall not march through this State, and he would find
God many with hn-he would find great many too who
ould be ready to seize fortress Monroe God knows
here any of us would be in such Case Which side is
lie governor to take here. If he is good man. if he is
Washington, according to the best lights before him.
,cordng to the dictates of his and his love of
,untrv, he will Try TO keep the peace, he will Under
Ike to preserve order, and the right OF the law
nd the rule Of the constitution, according 10 the
cs of his abilities. Ii ha is an extremist the
and or the other, he will resist in the north the
saye of the troops release the body of citizen Of
irginia from imprisonment; he would call it an nva-
on; and if it Virginia governor who had to re-
Isl the power of the federal government marching
outh he might choose to consider that IN INVASION he
hight undertake to decide that he the Judge of the
apable and gross violation of the constitution of the
Tnited States / tell the gentleman again that that
cry question has been discussed soemnly over the
Midnight lamps in the executive chamber in Virginia
i. no case of masinaion-tis of fiction 1t lis
case that is daily debated in the minds Of men, of
very man here present, and OF every in the con
~. east and west, north and south The question is
that will we do in case civil upon US 1t is
ct worth while to be mawkish about it, We need not
.tend to discuss it here but still must look ut the
angers that not only may come but which fear will
ONE and it is time when you should impose restraints
ookng either to notification Of the north or TO nulli
alton Of the SOUTH consolidation from the side
n the other. | wish to guard the federal Union
wish TO guasd the State rights of the State; wish to
the peace of the country and will
et here put the peace Of my constituents at the sole
nd unguardsd discretion Of any State executive. AZ
he time when the constitution was formed the dangaTs
hat lcset never foreseen or il foreseen it
vas trusted that there guard, enough to resist it,
}ut tell you that ever any rash man. any man Of cx
opinions has this day in his power to risk the
,eace Of this country, either under tocsn of alarm
n the other either upon grounds of alarm for the Union
n alarm for the rights Of the State the peace Of the
country may be endangered, and that right soon
Mr.. EDMUNDS. The first case put by the gentle
nan from Accomac, | understand him. is this: A
tizcu of Virginia may pursue a fugitive slave into
lorthcrn State. and may be apprchendcd there under
aw which declares that the apprehension Of fugitive
lave shall be. ipso fnctc, kidnapping.
Sin laut hos