The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-12-04

va. de.Itasa daubsis.. IL exclude from acsip essss
e @ G sss
ss :s 5; &. y ss. E :,s s
aer tas construction, lasss nazahsf % sueA chime
have ssss rsjss.sd sy sss dsess.nsns . wash.
ia Virginia. though maturciy uousidersd and daily ad-s
| jrdicstrd BY her appointed irihunah s
dsa i s = s sas e
require that the lawcf congress the subject
should DO amended TO authorize the issue Of ssrip
IN oil cases duly recognized BY this stnte, unla fraud
| be detected or manifest error be shown. s
The subject being one OF interest to very
citizens the state, and involving large smount
deem IL my duty TO bring tito the attention Of the
legislature. ass1 s34 tts $50 - sfas =
snce your last session. have received from several
roas subjecis with request that they may be submit
ted TO your In accordance with this
lasions from the suites Of Rhode Island Maine, Mas.
snchnsetu and Connecticut, upon the suhiect of the
OF Territorial government for Nebraska
and kansas, and the admission into the Union ofthese
territories states and relative the fugitive slave
iaw, will no doubt attract your attention The whole
bern interests and institutions and they based
upon the idea that the this Union noe
titled to equal rights and that the people Of one
ton arc to be allowed privileges and capacities which
ars 10 be denied to the people of another This as
ss,aa s ." ne met . p,omPty TO such
have the same innlenable night to carry any species
Of property possessed by them into any territory
United States, that the people Of any other State have
have no authority rass laws allowing the right to
one state and denying 1t to another.
ihs people OF some of the States abolished slavery
within their hunts, declaring that sound policy rd-
Guired that should be effected therein az soon az
might be consistent with the rights of individuals and
tns pablic safety and welfafe.n What right have
they to say that other states shall equally Judge
whether sound policy requires IL to be abolished with
IN their juri:dictien and when it will be consistent
win the nights OF individuals, and the public safety
ana welfare! What right have they to declare that
otner independent gntes have not eoual a,-
thoriy TO maintain if it seem to them proper that
sound policy requires the continuance establish
ment OF slavery within their limits and have not equal
| power todeciare whether it be consistent with the
risniso, lndyiduals that il should be continued or
no such power delegated to it,. 1t belongs alone to
the peo IT, when they come to establish the funda-
| mental lay for their own government and congress
has ne authority to prohibit any state from coming
INTO the Union because slavery exists does
IT lis false philosophy which teaches that the insti
fulons which have proved good for people, and
will be good for all future commonwealth. 1t is not
key, which they think good are beet for the United
States It - not true that the institutions of
ticut would be the best for Virginia; aud if were
true, 1t is no less false attempt crusade against
nations or states TO compel them embrace prs,ci
pies or laws obnoxious to them, because they are
aud only sound principle each state or nation to
adapt its laws aud constitution the circumstances
which surround it, and in accordance with the wishes
|
ference with the concerns of others This principle,
adhered to. will prevent the termination Of the seed
of civil dssenton and disanion, which false and de.
/ signing men are continually sowing broadcast over
| this land. .s>rs-
Congress had no right in 1890 to pass the Missouri
compromise. 1t had right to proh bit the introduce
ton OF slavery above line and permit it or
/ entail it upon the people below that line. The
south submitted then fla grant violation of its
rights for the sake of peace for the sake of aterna
affection to obtain quiet and repose from ag
tation and annoyance Instead efrepose only open
1 a1 fba dypta of
loose host of fanatics to attempt other and fla
grant violations of our rights and to destroy both So
ciai and national happiness. The establishing the
| compromise has now been repealed. BY such repeal
slavery is neither recognized ged is it
prohibited or abolished. All left to their consti-
tutional rights. We ought not, cannot, with honor
with self respect, without humiliation and debase-
ment permit this inquity. to be again established
spected and executed. We ought to take firm
stand and let our utimatuIn be absolute and uncon-
ditional. five do not, the Union is worthless and
will become an engine of unmitigated oppression.
| As an evidence of what to expect, refer
you to the late act of the general assembly ofMnsa
70 m e55
character that invoke your attention to the danger
Gus tendency of its leading provisions. Under the
title of act to protect the rights and liberties ofthe
people of the commonwealth of Massschu it is
provided that the that State further to protect
osrss small apRay to the acts Of Congress-
of slaves escaping from their masters and that the
writ of habeas corpus shall extend every person.
4
aud of course that it may be issued by any court of
record, or any judge or Justice of tho peace in the
state, returnahle to the supreme court any judge
thereof and appear that tho party restrained was
| claimed fugitive from service labor in another
state he may be admitted to bail in any not ex-
| ceedng Thousand dollars. The claimant is re-
quled state in writing the facts on which he re-
! lies with precision and certainty. An issue upon
the plea of not guilty is directed to be Joined the
facts stated. jury il to be -empanneled thereon.
who return general verdict, and the finding of
the verdict of guilty is declared final and concu-
siye And it is provided that confessions admission
declaration of the alleged fugitive against himself
shall be given in evidence. Upon every question of
fact involved in the issue tho burden proof rests on
the caimant and the facts alleged and necessary be
established must be by the testimony least
two credible witnesses or other legal evidence equiv
alent thereto. No exparte deposition or affidavit il
allowed as proof in behalf of the claimant. and no
presumption shall arise in favor of the claimant from
any proof that the alleged fugitive any of his ance
tors had been actually held slave, without proof
| that such holding waslegal. y.
Thus it will be seem that after taking fugitive by
habeas corpus out of the hands of the officers who may
| have arrested him under the laws of congress- the
owner By this act placed under conditions mposs
Bile to be complied with unless ct expense far
greater than the value of his property. Again-the
judge court before whom the writ may be return
ed may admit the slavo TO bail in any one
two thousand dollars and discharge him from
| custody, and in this way deprive the of his
slave.
But the unfriendly disposition of the legislature of
Massachusetts towards the saveholdng states is more
clearly manifested in the character of the penalties
adopted to enforce this most unjust act They have
not only rendered the recovery OF fugitive slave i'm
possible under the law of congress, or their act.
but they have provided for Furnishing in the severest
manner, the owner who may attempt to recover his
slave from that state and fail in such attempt The
act further provides that if any person shall remove
or assist in removing, into that with the
intention of removing, assisting in removing or to
procure assist to be removed person not held
service or labor with intent TO subject him to such
service or labor such person shall be fined not less
than one Thousand than five Thousand dol
lars and DO imprisoned in the prison not less
than than 1--WE years. This 10 the penal
ty for unsuccessful attempt to runaway
slave. -. .-- -.s& f-sa
1t is further provided that person holding any
Office of honor, trust emolument in that shall
in capacity issue any warrant other process or
grant any certificate, under by virtue of either of
the acts of congress- for the rendition Of fugitive
slaves And any person who shall grant any certi6-
cate under either of the said of congress shall
vacate any office he may hold under the state, and
shall be forever thereafter ineligible any office of
honor cInolument under the laws of that common
wealth. And any person who shall act counsel for
any clanu bf alleged fugitive from service or Ia
bor under either of the said Of congress- snail
cate any commission he may hold, and be thereafter
incapacitated from, appearing counsel attorney in
the courts OF that commonwealth These two provi-
sons shall not apply to removal from Judicial office;