Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-11-30
For the ENQUIRE

and look lodglnGS al the washington 1Oul.
For the Enquirer.
In your paper Of the gh inst, observe article
Estates Rgns in relation !" The decision Of Judge
Paine the n Lemmnn's slaves giving
clause of The Constitution {: the United Sa;c winch
saya that !,e citizens :" State sh, II cmtiic' 10 u:
the privileges and immun.::cS al tc several Stats SONG
wllt diteiem; tVn it, real latent anJ 'raru!. And Wink
il nas bearing upC. Tie r,st ,ices
upon that va,ue clause OF the Constitution, but
solid basis OF constitutional rights OF property and IN
natana! law.
OF the decd1 in Indiana and Illinois, ard sheltered
uisci under !: Oi New InTk which decrcS.
""o person r! as Save sha be imported, introduced,
bon III into s STATE On anr n'cEce whatever, c%ront in
fi.,n i ,,.- - "i'o!t Every snch person shall b,
@ ts! H., sctn pIyyios b to ii h M Mysnt 4cc 7' 81
Now it seems Ne ciy7@ tcc HeIai rnns'r'c
ton say ta, The slaves were imported ntraa%eea o
brought into hu, State contrary to The c""n ana intent
Of lie statute when the individual merely touched c wa
,ers or SOIL OF New York, for the purpose Of raEsslpmcn
10 State where slavery permitted
The question thence &7iscs Whether I've haa riG 10 cn 80
unscr the Constitution ard whether th:s law ui Ne" oh
dcss not reach The in point and should have pcn 50
dcCia red BY The Judge acting under The Constitution - r
higher law and not the Seward doctrine OF the lac OF ma
tnre.
This the mos, appalling decision that has been made
bv al American urIs against the rights o property
Wrers he admits, 'o The highest authority on Tie IA"
of nations agree that sangcs have right 10 pass with
their property through The territories ni nation And
this phr which exists by between States wholly 10
reign 10 each Other undoubtedly crisis at least nalrot
right betueer the STATES whioh compose onr Union"
among foreign mn much shoai II rX;s
n. wcar the States which compose this Union How he
can then come 10 c Conclusion llai ms Jaw "l 'v' @
repcns the Constitution and the laws OF nations II Is dil-
cult conceive but 10y this higher Ia" doc'fhe' VI c Jaw
1i nature. .
81. admits by the aw uf nations that slavery subs:
only hy the aw the State. Here in the State o 'iT-
rnia SO exists; Mr. Webster declares 10 LORD Ash.
burun In the Southern States oil tbs unio" slavery c%
ISIS by the laws Of tn. 81 ami under ,t guaranty V
The Constitution Of the Inid States; and II has existed ~
them from period Iuag anecrIsn 20 hc Tine Wen they
ceased 10 be British cnoncF The laws ana ae,i,'ohs ..
the Southern States recognize negroes rs properly S, -
much the inanimatc Things which this euInd i"roan
discovered 10 be only property by The law OF mai"tc ei
therefore, can have no r!"s Now w0nl reG Ian, II :.
dog or nurse is sGc inanHac thing under ths law O.
nature that OF Southern State would pe permitted
to land them The State Of New York without Iysin: his
right property? tic has Jnsl much light Properly
In The uthc:; and Mr. Webster has said, this rg 81
property in the negro slave !s guarau.d 10 n oy hs
Constitution How, then, this statute q! New Io de-
sroy this guarany and Gepve MI Lr"non "i Is poilE'
y? The local laws o tie u atcs establish wai sna' b.
| consi;ere! as property. Tie aw Il New ioh 81! NJ
property shnl Lc held in The negroes in the Stale aiI
Lennon did pr, tend to go New York 10 hoii ihom a.
property bu citizen o flrania in his transit to th'
State Of Texas by the way o New York under the slc
of the Constitution which and protects him I'll! IL
reaches his destination The common law {" Engl1n! ta'
no oppicatiun 10 this case which bc determined by III,
Ccnst ution of the u States and this lower law decision
should be taken the Supreme Court ct The U States, anf
decided accordingly If this decision be allowod 10 sHd,
what becomes OF The filth amendment 10 lhr Constitution
which saws mo person sa hu deprived o. lie, hDcts Gr
propery whcu, process Of law nor private property bt
taken Tor public use, without just cnmPenSaoli II ma!
mo-, be regularly condemned for public m 9, Ear us hs
individual IS concerned, il is deFri7lns hn o hs property
without Just compensation. Again he seVtn! 6GeHcsa
article of the Constitution secures Inc r7ht OF Ia y @
in suits at common law where The .alue in CONTROVERSY
shall exceed twenty dollars The casc presume, was &c
cided by the ic!un Of The Judge and The ne9es 81
free upon that statute OF New orK, In Gchancc o c@'
safeguards 10 individual rights
| While agree with Rights, that this case does no
depend upon that clause Of the Constui''n which sa!S
he citizens of each Stale snail be entitled 10 oil The rrv
lercs and mmanes Of The citizens OF line several States
further than citizens Of Virginia should be allowed Inc
same in New York which our laws w"nId extend 10 he
citizens we Go not prevent her citizens from travelling
through our State any other state with their tnani1na
things as property, neither dogs iien horses nor while
servants and we should have The same privileges.
Each State has right 10 declare who shall become cit
izcus thereof but negroes the race OF negroes oc
cause this description OF persons was not ny m
constitution Ct the time Of its adoption as forming tie BODY
noj,ic The constitution Of the United States cannot re
copnze them as citizens OF The United States, entitled u
the privileges OF tic citizens OF The several STILES ahoua
NAV choose call ;hrn by law citizens
her own State Fred Douglass would not De permitted IN
der The constitution 10 SIT as nemeei oi mo oeha m
nrescnta,ve in Congress And ey what righ! has Mls
chuseils declared free negroes or runaway negroes v"
were not citizens ot the States in Wlh hcy esden VI"
coming there citizens OF the United States, entitled 10 IN
nrivcees and immunilies of The cizens of the sevcra
Sa,cs3 She had as much right 10 import Africans an
make Them citizens in violation o he hauFazatoh Jaws
e the United States ;,.: ,h; osroc,v
Limits and have The uudoubed right TO keep out all person
disarcud 10 thei. social institutions, be hcy aooohiS
prescribing who may become citizens OF the
and in what mode and who prohibited requiring res
dence and the oath allegiance before Citizenship we
~, ok;c m N.w York pruhhitin: citizens c the Sontacr
states frcm settling there and hoins slaves That she
right 10 do But do object 10 her mairg black c'I
zens and forcing them upon Inc Son rs CITIZENS OF e
entied 10 The privileges ana iurIUes III ci!ze;
o The several States That The meaning OF this claus
Of the constitution II is this citizen oi one St.'e e
ina into another has eniy tie right Of 'mcess ard e.fts
nnon Good beha. r which is allowed ,; me comfy OF III
INV of nations and amenabIe to th laws Of The Sia
C where he s If he commits an offence ne Is !sa .! ~
,wa of the State and punished accordingly just The CT
iz,ns thereof and this way he Is entitled TO The priseg,
: and jmmunes of The citizens OF tie several States II
can bring rights with him which ne nea IN Ns" ON
He cannot vote here by virtue OF his Gil