Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-09-09

staon ans. Union and characterized by the highest !-
virtues The whole couny will mourn his 'ss, in the
ini!- career ui his usefulness.
He must be a brld man who denounce M icineer
sun!oniSt after the speeches made sy HIM. as prcs-
den, of The late S.aunond4le Tournament. In cgown;ng
Miss Kate Sappinsicn Of Charcstown, Mr. b. said:
FAIR AND BEAUTIFUL Lapy-lt becomes my privilege and
honor you Queen OF Love- o: Beauty ana OF Chi.
vhr ani il doing TO present you TO ms great crowd o
yoar devnted subjects worthy ni Their loyalty and
'rc May be allowed, OF your hunlhest ana most
loyal Subjects express the hope that in these dangerous
days Of Secession coronation OF lnVey Queen
be the signal OF Union ALL and that the example which
your majesty may be pleased speedily 10 SET us in this
subjects.
Miss JosEpnIxE NELSON of Frederick City Nd having
then been presented the First MUD Of Honor tine Pesi-
dent thus said To her.
GESTLE LADY, Accept from my hand This wreath the
b!en u yor own beauty and The type by which you shall
Queen.
Next presented Miss S J. CLEVELAND of Missouri,
to whom the President thus spoke:
LapY greet thee rs the representative Of the noble West
and who, speaking her voice wei! thine own
hone. " out for Union, and forever Accept this
wrerh from hr humble hand of thine unworthy
1t will enlr thee 10 tho favor and love ol Sovereign.
The Third Maid of Honor Miss JANE WASHINGTON
of Jefferson county The President in cowning her sad
place upon thine unsulrd 5rnwa wreath almost spot
less myself II is The token uf Sovereign love ard
~ it falls from my hands thee, thy The
immortal WAHiSGr,Siaiis upon my ear BIDS nr rry
20 a around me "Cnion! tnion!! nor and iorersr!"
IMPORTANT DECISION on TIE FUGITIVE SLAVE Law
Wc stated the other day, and expressed 'ati,ica:rn
f1 The fact that the Fugitive Slave ACT O 1850 had Dn
faithfully enforced by HE Judicial authorities III the free
States, and that is enforcement had been generally ~" i
rciI Ncrut OF L
then directed attention 10 the decision Judge COEk
i'm, United States Judge of the Western G;sct n This
Stale in The of the fugitive slave Davis, WI; o.abeS
"0rpus, which made Saturday last, discharGEG the
ilnitivc who immediately He'd Canada In this ease IT,
X. Smith, Esd Un,lcd States Commissioner Euit' had
tcr impartial hearing, giving certificate remaining the
;.!ti"c slave 10 hi, master There is shadow ol douo
Of his being fugitive slave. cllned Tais point
yund dispute Hence Davis lied 10 Canada JuLg
C"rkin discharged him.
the ground ot the discharge Is that he escaped in August
l@51 ani that tie last Fugitive Slave law: passed by
Congress in Srptenlbcr $50. The argument is that the
law oi September does nat apply and tie rule past
Eo nrnts (rrcrring entirely /" awsrcscciin cntcs
invoked in tile construction OF the act, though appears
oarsvlat novel But the ui 1893 Is
pralsI by the act Of 1850. The Supreme Court Uni
ted States decided in the of Prigg, thai The cXraun
clause of the constitution referring ugtvcs from labor
>ei-cSecutingthat Congress might enac laws giving
federal Jadicla or other "cerS power 10 enforce The con-
t:iuonal obligations, and prescribing modes and forms of
proceeding Nc but that Congress could not Gevo9e The d
u Stale judicial other ullers, and that State le9isI
could not provide restrict, control the remedy
Tic 1893 excepting the clauses authorizing State
nnrias to enforce it, is still in full force The Of Sep.
ritrs 1850 does repeal IT, for the title of the latter
pre:sly 10 be acndatury Of the act Of 1893 The
constitution !mpeatisc requires the fugitive slaves 10 be
delivered up. The words are:
mo person held service labor in State under the
laws thereof escaping into another shall In consequence Of
any law regulation therein be discharged from such
labor but shall be delivered up claim OF the party
10 whom such service or labor may be due"
Ii would TO be papable evasion OF the constitution,
md indeed violation Of it, if The fact of owing service
lain lie nvpdn cscaucu
proved for judicial officer 10 discharge him. The legsa
ton Congress fnGr restrict the constitutional
right of the Nc legislation OF Congress should be-
construed restrain embarraSs such right The
provision of The constitution is imperative and paramount
The Of 1913 and the act OF 1850 were both intended TO
facilitate the enforcement of that right, cnbar-
rass or restrain it-not nully the constitutional pro-
vis0n but were in aid o( it. The dccson as reported,
seems 10 s 10 be an evasion OF the 1893 or rather
portion Of it still unepcaled and declared by Supreme
Court OF the United States 10 be within the constitution and
likewise evasion OF the law Of $780, noloousy intended
cumulative the act Of 1888 The criticisms about
technical forms and papers, and the discharge OF the slave in
the of full proof of his being slave and fugitive, looks
like qubbng away the remedy intended 10 be given in good
faith compromise The South will not be satis
fled with this mode o! expoundng and administering the
law Iflhe decision of Judge Conkin is adhered TO- fugitive
slaves i'm this State who escaped prior September 1850
have effect all immunity for they cannot be delivered up
under the law of that month /! arrested under H. Judge
Conkn will deliver them up under the act Of 1913, nor
under the constitutional obligation and pledge but they will
be- discharged to enable them To run to Canada Ihls
decision WILL predict arouse and excite the South more
occurred. we regret thut II mas
Cured, aud especially that i, was made in New York.
.Ee,c York Herald
We agree with the Herald, the wretched quiUbng OF
Judge Conkns dccsion and to the nauspcious effect
is calculated at the South. The Judge argues that
the prosecution claims for ugves escaping prior 10 the
las. law n be made under the law Of 793 and that oral
evidence is necessary instead of the record evidence allowed
by the aw Of 1850 This construction utterly cont!adiced
by the terms of the law itscand feel sure the u s.
Supreme Court will decide We hope TO hear of no more
absurd and mischievous decisions as Judge Conklins.
---@seS------------
The following Just and beautiful tribute to the memory OF
the la.nentcd Mcdowell comes from who knew him
WELL whose praises something more than formal oblt1-
ry: , ,owrr,
The death of JAMES McDGwELL which transprcd at MS
residence in Virginia. Saturday. 25I August IS an event
that marks The fall u an eminent man, and we announce
With profound sorrow. Fcw have passed through the
turmoil Of public tr and have been more energetic IN adv
eating their principles aud al the same time mare universal
Is estsect Few "n POSSESSED m'f ol me gfaces ia'
ad1rn alike the irGsc and The FORUM he was ripe scio!-
ar; he gentleman hc was pfopund states
,nln ytous and upright citizen. fond father, devoted
Il. saE!, and saunch and sterling friend Mr.. McDowELL
best known ID the nation as an unvaiei orator. excel
.i most nf his contemporaries IN that great gilt - rare IN
rs true sense in this day ot progress voice ecu-
il itsc an capable Of the most extraordinary ELECTS;
lr,a tall !i.uited and graceful flowing and vigorous
rtion IxufiAnt ani calthl ni9lna;i"n; vast r"wefs
nj thoughts anI knowledge of the popular feeling bey"nd
a qualities Of this great debacr. ani have often crca0d re-
,rpt tina. they have seldom been exhibited 1t was the
rrinc uf tie writer Of this notice, 10 know Governor
HcUowELL intimately, and il is noIrntu pleasure to feel
that enjoyed large share Vi his confidence and regard
4; n representative Congress- he was pcculTly uno3-
rsye; moving calmly among his fellow nclocrs winning
the good will ALL respected ny his political opponents; al
in his sat- ana always right with The good Old party
which his high ana generous impulses were pIss"hte'
dedicated He had ambition 10 mn.e IN ine party dis
ussns Of the House; but reserved himself rather tor those
cxi.cnc;rs in national affairs that serve 10 SHOW not only
tic real Danger a the real strength oil the county, bGt 10
prove who are brave and :o the backward afi1h9 tc
public ,n, Of times. Nothing marked Mr. Med J"eiIs
character than TIN large spirit III oleiaon ana ol o
criy thar Distinguished H. There n1;hay Gito", sus-
picious roscrIrc in his nature. He VA! tae a'h o
ca.ld0r like all Of his temper ashamed ut conceal
i; his thoughts. Ills love o t!:c Union was an "I-the'
Old fashioned Virginia sentimental sentiment oiScd upon
tie LEGAL anil Constitutional spirit o! that nosls STATE and
.en4d by copous and constantly c:'c-acnsd Know,
led i the political history OF that teacher OF iundailenti
rc1ical tru'hs The los, of such is peoples oss
and cannot be replaced No longer will Virginia te enabled
s!-aalAs him among her favorile chanr!as; 10 i,sef
n,r,,S ~. fi