Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-06-29

REPRESENTATIVES, AlGy 30 lSo-. -,
The Eousc being in the Committee o. the "nu, ~ tr
state Of the Union (alr. SEYMOUR Of Conhec"'1'
chair) on the invalid pension bill,
Mr.. BAYLY of Virginia, said ,ronosions pro-
pounded in the debate during this a law like any other
discuss, Ore s tina, the ug.tre and the others that the
nn,uroise sssnres being the Law OF .e ' n,,e,lr do
10 rc.am them idle not ,n st Mace say The. r
oy both these Gas passed execute fundamental pre-"
f The Constitution; ard IS an enaG.e. t ~ r
vision ei NV -Sourcs l maintain that Congress IS n"-
The eun,e obligation TO pass NIL laws "hc arc
ier Il, execute tho provisions OF The
i, to abstain from the enactment 0, laws ~ 80,
I'D ,hat when one Congress has discharged s uu'y ~ ~
csncc, and has passed law necessary 10 execute Prov
sion of the Constitution, il is precisely rs
10 peal il without accompanying the repeal WIN
equally effective it s 10 enact law when lhe Ga,;
lion absolutely forbids The duties en]oneo nr ,bc ocs
tuton by the Dccalogue are as mperayo certainly
forbidden If be right in these positions, IN, - a
riph, in DENYING the proposition that yon haso o
zeal The present law for the extrudition OF usi'T NO
unless the very law making inc fepe1'
visions equally effective 80 Tho nos intelli-
, ~ ,hsn, seem 10 acguesce in this; ana he"ce, ~
cnse referred TO- imposes duty upon Inc
States but confers power upon Tue uces W , n IN
and that somo of the details OF the fugitive s't a h,
anu ;, Win The Constitution. know, SIR, that mieh'
answer these points by saying that me unio
ac,;cc ri the government, and the decisions VI ' s
last resor, in most OF Tue decided otherwise But
G MOI every man who reads the decisions OF me
hasore desire TO address myself Tor SHORT le ~ e
n ion of the Constitution of the United States iot
the surrender of fugitive slaves, is in these words;
t,No person held 10 service or aoor 10 one osas,
b bereo escaping into another SHALL IN consequence
IS a 90 mr. equation therein be discharged from such
service or labor shall be delivered up on claim Oh inc
party 10 whom such service or labor may DC a os ,he
Tbis nroyson grew Of dis!rust upon e par .. e
Southern peope of the disposition OF those III 'he
up their fugitive slaves; and as the prosson s,em
u nf that dstrust il absurd TO suppose thnt inc trainers
If tho Constitution relied upon the Northern STATES 70 as
the necessary laws execute IT, II "ouid nave pIc. G
anomaly particularly for such body as tlat "iil.i ~,
tho Constitution of the United States, IN the same -
hove eYnressed disrus and have iTnpheo coniuee
And vel, 10 this conclusion all those must cohe WV S ,
tain ha, this clause only imposed ouy rnpO be General
Sonmont The Main and obvious meaning OF Tue ian
of the clause requires that when es'sasSh - @
Con should act; but if there was any d"uo ABOUT
say @ s;rrumstances under which the Constitution was
framed would remove u. r. ~, c,r,.i,r
or of the United States odous TO Northern men,
and that the execution of is painful to them aoIo w
that such is the fact. The prevalence OF such .seE m
the North at the time that provision was a @ hS
@ ,H nnt Northern men themselves have required, IN
nuttiny that provision in the Constitution d. "e
Southern men, that they should DC Of ia IF hey had
Ient MS possblc from the enforcement oi ~ = ~
understood that this provision requfcu .' caSsaru m
of the Northern States should enact inc a"s att Va ish
Foo rom this dsagreeabe duty 10 as large an extent as
ssba If this thing be DONE let II DC Done oy INC Con
of
will be represented, that VIC may be relieved
rs far as practicable from Inc necessity OF carrying Out he
provision7 :. .h;, ,;
o the delivery of fugtves from justice and service there
was lust as much necessity OF uniformity OF legislation "a
there in tho case OF bankruptcy, nattIazao ~ IN
any other case Would convenience and sense n pro
prcty alone the part of all concerned nave suggested
that the legislation upon this subject should lie uniform
which would have been practcable If that legislation had
hea lc 10 the several States7 Take the of ngves
from Justice provision for the surrender OF whom rs III
the same clause of the Constitution az maj Tor inc chaon
of fugitive slaves Could anything be more ncoaFehehl
Than that separate Code should be consulted upon every
demand! Would body say that mere as 2feat
necessity for uniformity of legislation OF that sort;
as there is respect for Instance 10 the Authorization OF
records from the several States!
Do we not all that the great defect in the Articles OF
Confederation which sought to be rcEicdcd ny me
adoption Of The Constitution was that lis DEGREES on h
operate upon the people directly but that was
upon the several States carry them out! Hhen ms
feet was felt in other would mo trainers Oh Inc Lon
su,ion have permitted il remain in this case alone
which is The precise case which all must have felt II ~ou
have been most cmbarrassnSi
But sir my time will not allow me 10 present an? Pe
of these OBVIOUS practical sense views on s sup
ect These the views Of The President OF inc CohFcn
lion that framed the Constitution They were the views {"
the Third Congress which sat under The Constitution, CON,
pesed 10 large extent of the nlc'!"tfs WE' Ha'hcd H.
They are tic views that have been cnertsncd ny every cpH
before whom the question mas ever come """sc huo5 -
entitled 70 any respect. 100 !, 20, ;,
Governor Of Pennsylvania made DENIM svG rom justice
When demand made the Governor of Virginia Gnes-
toned his authority 10 the absence Flaw TO make any such
surrender The Constitution did designate him az The
officer make the surrender did he think dcvored
upon him rs State officer In this the Constitution is
freer from difficulty than in the case Of fugitive slaves for
provides that the surrender Is 10 be made upon the demand
Executive of State; il does say that is 10 be
made upon the Executive Of tic other State but still the in
ference nigh. have BEEN drawn that the authority making
the should be responded by the corresponding
authority 10 the State upon which the demand was madc
Beverly Randolph, The Governor OF Virginia at that time,
applied 20 his Attorney General Mr. Inns whose character
Is so well known to this nalon ard he gave the onnion
that in the absence Of any luw prescribing what officer it
was whose duty should DC 10 make the surrender The pro-
vision in the Constitution dead letter.
The OF Virginia made this response to The Gov
crpor Of Pennsylvania He submitted the question 10 Gen
eral Washington and General Washington sent message
10 Congress upon subject Congress took up that
Of Vpnia they passed the law of a3 prescribing the mode
Of proceeding in the delivering up Of furtves from justice
and labor: and they did il almost unanimously They thus
decided that legislation necessary give life 10 this pro-
vision Of the Constitution in reference to both Glasses Of u-
eyes and they also decided that that legislation comes pro-
perly from Congress.
posed 10 very large Of members Of tho Convention
that framed the Constitution and the President was George
Washington, who presided over that Convention n:ht
SEEM therefore, that without referring TO anything else this
might settle the question as 10 the necessity OF cgisi
ton give vitality this principle Of the Constitution
and tile right and duty of Congress enact the
sary laws Blu, what has been the practice Of the coun
try7 hIuk mny safely say that there is nor State in
the Union whose Governor at some time or other without
etycs justice under this law of 49, and thus acqnies
ccd in its consutionaly. And venture to say that no
such fugitive been released upon habeas corpus
the ground the law unconstitutional and the &C
ton of the Governor under it, was therefore unauthorized
The supreme court of Pennsylvania, when presided OYER
by the ustrious Chief Justice Tishman, in the case Of
Wright Us. Deacon decided il be constitutional. In de-
livering the opinion Of the court be said:
"Watever may be private opinions on the subject Of
slavery it is well known that Southern brethren would
have consented 10 become parties 10 constitution I'M
der which the United States have enjoyed much prosper
~, uness their property slaves had been secured This
constitution has been adopted by The free of the cit
zcns of Peans yrania; and il s tho duty of every
whatever may his Office station, TO give it fair and
candid constructions"
The Chief Justice cites the provision in the second
ton OF tho fourth article OF the Constitution, and observes
"Hete is The principle: the fugitive is TO be delivered up
claim Of the But it required law to regulate
the in which this principle should be reduced to
practice It necessary establish mode in which
the claim should be made and tho fugitive be delivered up
The Judge then quotes the enactment on the subject by
Congress- and concludes the opinion as follows
at plainly appears from the whole and tenor of the
Constitution and of Congress, that the fugitive was 10
be delivered up summary proceeding, without the delay
of formal trial in Of common law. But if nc had