The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1856-02-22

rights from the assaults Of a mob and fanatics
But even this alone will not suffice. The kid
mapping Of free person ia a crime In every State
Fhere Is no farlt In the Pennsylvania stati,te 4
| Furnishing II. Our own statute does So Nor ca,
| we complain, that when any person makes tn
usual oath, magistrate of sister State shoul
arrest citizen of Virginia, and investigate tn
charge against him. This our laws permit an,
rightfully rFla
what. then, Is our ground of complaint II /
this: That the lawmaking power of the fre,
states sees fanaticism peryerting their crimiua
process into an engine OF deadly hostility to th,
constitutional rights of citizens: 1t sees aboli
ton with one hand using the power of the State t.
oind the master, while with the other 1t unbind,
MS slave The law-making power of the fre.
states sees this, and ean but does not and in some
states, MSU not prevent It.
Take the simplest and clearest Casa citizen o
virginia wishes to reclaim q fugitive No Com
missioner under the fugitive act of 1850 Is within
one hundred and fifty miles. He meets his slave
upon the street, seizes him and is carrying him
home, as he may do uithoa other aarrdat than kt
Constitution. Fauaticism makes oath that he is a
kidnapper-a disturber of the public peace; and
he Is arrested. What becomes Of his slayef He
IS released eI necessitate. The prosecution for kid
mapping proceeds to a nole proseqai and the &C.
cused Is TO be profoundly grateful that it does not
end in remanding him TO State prison for term
of years! .-- l.s-ss-I =
The case imagined is almost the narrative l
have given Where is the remedyl Not in the
po"c1 VI SouSTcSs' uut IN the power OF the state
to prevent the use of its judicial process for uncon.
sfitutional, illegal and violent purposes.
While 1t is not necessary within my province to
suggest to you remedies which the free States
should apply to this great, growing, and alarming
evil, you will pardon me for doing so.
Whether it be the duty offree States to aid by
all means in their power In the recovery of fugitive
alavesmay be mooted by others than those who be.
heve the Constitution to be compact and the
Union, aconfederacy, based upon 1t All. who so
of ho nhI poS@1 @1,a
2nd section and 4th article of the Federal Constitu
ton 1s upon the political conscience of every mem
Der OF the eonfederacy-and that the terms of the
compact. shall be delivered up" are imperative
upon demanding activity on the part of the States
not permissive, allowing passing indiffence AS
commonwealth on behalf of her citizens Virginia
comes to the free States, armed with the mandate.
ry shall Of the Constitution, for the delivery of
his fugitive slave.
But of this, no one can doubt-that whether the
provision is binding upon the State as such or not
the State is bound to do nothing, which in any
way will obstruct the delivery of the slave un.
der the maadamus of the Constitution; and is fur
ther bound to remove every obstruction which its
laws oppose to the Shareholders claim 1t must not
oaly throw no obstacles in bis way, but remove
all, and permit none under its authority; and pun
sh with heavy penalty, the lawless offender who
places his fanaticism above the constitution, and
covers bis outrage upon its provisions with the ju
dicial process of the Stale
The State might do more-and what, practically,
would be sufficient 1t might provide that in every
case In which prosecution was commenced
against any person from a slaveholding State,
claiming to be in pursuit Of or having in posses.
sion his slave, it should be the duty of the officer
arresting the master, to secure the slave and COM
init him, unta the question of status should be en-
quired into; and In no case to make the arrest of
the MASTER as to effect the release of the slave
Some such law would save the property of the
master, despite the false prosecutions and thus
by removing the motive to the latter, would pre-
vent the recurrence of such outrages.
If some such legislative changes are not made
fanaticism will rejoice with us in the results of
such prosecutions as those against young Parsons;
for while we may properly feel satisfaction that
the courts of sister State win still do justice to
Virginia citizen Abolition will see in the negro
rescued under the sanction of State prosecution
against the master ample reward for its falsty and
powerful stimulus to a continuance of the sys
ten.
Mr.. Tucker, after referring to the position taken
by Virginia in the case of Parsons, as showing her
stern determination to stretch forth her arm to
protect and defend her innocent citizen" he pro
ceeds:
In the case of Parsons, where the testimony was
strong as to destroy the prosecution, difficulty
has arisen. Yet, under law and practice in Penn
sylvania a result might be reached in similar
case too important to be overlooked.
As was informed in the case of Parsons, no
appeal could be taken upon any ruling of the
to its instructions upon the law, nor to its judg-
ment overruling motion for a new trial, and the
only hope of appeal from decision addressed to
the accused, would have rested upon some flaw in
the indictment, or some defect, in the record of
which the evidence cannot be made a part. 1t
also will be remarked, that writ of error lies to
a judgment of any State Court, from the Supreme
Court of the United States, except to that of the
highest Court of Appeals of the State-and a. up
on the merits appeal can be taken to the latter
thaE rt hof xvh trta
error in such Court could never be corrected by
the Supreme Court of the United States
Nor would the acused when convicted, as he
would be relieved by habeas corpus. -
Thus, should fanatcism throng popular election
or thus wise assume the Judgment seat, and utter
the verdict of jury convicting the innocent cti-
zen of Virginia, and thus consign him to the peni-
tentiary, with appeal to Courts to save him
from injustice, where would be his appeal
Where his safety The one would be to his moth.
er State; the other the shield of her sovereignty
Such an appeal and such defence are happily
avoided in the case whose history l have given;
and sincerely trust that far distant may be the
day when other appeal shall be necessary than to
the Courts of the country, or other shield be re-
quired than the safeguards of judicial proceedings
tender to you, in my sincere acknowledgements
for the honor you have bestowed upon me, of rep.
resenting In any forum, that Commonwealth to
whom my services are due. And shall ever
cherish with pride the remembrance that he whom
her people have raised to her Chief Magistrate has
me worthy of her service f
With very high regard,
am your ob't seryt,
--. j. r. TUCKER.