Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-02-28
lReportsd for Ae Enquirer by +. Een'

IkNlSlA OS TIE luIH DAY W rEBklaRl,
lSdU. 10y BILL MAKING REGULATIONS con- !
cERSISG SrEctAL LICENSES"
(Reportsd for Me Enquirer by r. Eenn
Ibis bill being the special order Of the da :,
Mr. BARBOUR S'iid:--
Mr. Speaker: This bill is intended to have a
very comprehensive influence, and the topics
necessarily involved in the discussion o: 1t arc
OF very comprehensive character. In submit
ting my remarks to the House, am compelled
to throw myself Gpon their kindness. am
aware that in what have to say there will not
br that order and arrangement which IN my
opinion it is the duty OF every gentleman VINO !
addresses this Assembly to attempt to observe.
Nv time has been SO much absorbed by my
other engagements connected with the business
Of this House, that all opportunities for prcra-
ration of what have TO say have been devoted
20 the collection nf facts and the examination !
Of documents bearing on the subject now be-
fore the House. IT, therefore, shall fail 10
convey in satisfactory style my views respect
mc this Important sui llcct, | hope that some
thing will DC pardonci to the influence OF those
diS;racting engagements w'th whlcn every
member knows that AN daily occupied.
Tie ohirc; Of this bill Is to require special
license to Srl a.! OF 4 stated class Of goods,
SCGklIIn ~ ii"t SIaSH Sii tbS :
articles or consumption which can be most
uro;itab!. manufactured in this State, or i'm
ported in;a il from foreign countries Those
who ob,ai;. the license, are required to give
accurate scnii-annual returns of sales under
the lice!.sr. From tis gross ampunt Of sales,
are to pc deoucird sales uf home manufactures
and direct imparla;ionS and also sales Of the
prohibited articles made TO persons who actu-
IN, .hn Srn, Tho hn1n
stands rs the subject Of tax. The amount Of
the tax will be fixed bill to be subsequently,
brought in. The present bill only requires the
license to be obtained, aud SO arranges the sub
ject as 10 be entirely within reach Of the tax
powcr. We have power - tax At iibitum and
the rowcr 20 exe:n;,: I'D Iib:uW. This bill has
been framed - meet these two conditions Of
our powcr Until the cnnstitutionality Of the
bi!! Shall be questioned, will not go into
discussion of that subject. shall DC prepared
to demonstrate that it is perfectly constitutional,
whenever hear doubt expressed upon that
point shall do So not by arguments sought
to sustain the bill after it was !raMrd, hut unon
views derived from careful stGt,y oi tic h gh-
eSt legal authorities, before the b!li WAS framed
/ aud in comfortably with which, it is presented
! to the House The Princpl: OF The bill has
received the sanction Of two Of the most dis
tinguished lawyers OF my acquaintance in sir-
! gina--one resident o. this city, The other o
Winchester. This principle has been distinctly
adjudicated By Judge Berricn in Georgia, and
Judge Shankey in Mississippi, and has been Sus-
tanned by other highly respectable authorities
But, sir, while the bil is in strict accordance
with the Constitution, it does inaugurate
new feature in our legislative system. Ii puts
this State in the position OF strictly conforming
to all the requirements OF the federal compact,
but it is a departurc-a positive departure
from those principles Of cnrnIty and re gard for
the interest Of some portions Of the people Of
this conGedetacy which has heretofore marked
the legislation Of Virgins, and which would
continue TO mark the legislation Of Virginia. If
the circumstances il, which we arc placed did
not make it for Us an imperative necessity To
pursue another course. Aud it seems to Inc,
sir, that cvcry unprrjudiced mind, viewing The
present condition OF our relations with the
non. aveholding States Of this Union, must
conccde that the course Of legislation now pro-
posed to be pursued is not only Justified but
that it is i.uperatircly demanded.
Mr. Speaker, what is our condition. We
are under the operation Of q federal compact
that binds us in n constitutional Union with
other States in this conedcracy. We entered
into that compact with q full knowledge that
we had institutions differing from those Of the
other States associated with us that required
protection, ti!at required regard to be had to
them in framing the conditions Of that federal
compact, and these considerations arose at the
very inception Of that instrument which binds
these States together in one Union; this sub
ect Of the interest Of the institution Of slave.
ry, was one Of the diStracing questions that
disturbed the deliberations OF the great rncn
who formed the Constitution
do not propose to 90 into any review Of ,
what they did. sir except to state the result
at which they arrived. This result was the
incorporation of provisions in the Constitution
recognizing slavery as one OF the constituent dc.
mands &C the government ITSELF rccogn
zng the necessity Of its protection and
giving protection by making it one Of the
elements constituting the power Of the gor--
ernmcnt. But that Was not enough. Our
forcfath"rs who entered into this compact
were nat satisfied with providing for some |
control hy the slaveholding interests OF the
power OF Tic Federal government itSclt. but
they ,ruk care ~ prevent Indirect assaults, to |
prevent indirect injuries to this institution
which might result from our association with !
States not incorporating this institution in their
system OF policy. Isay that they took care to
enter, as ore OF the conditions Of this compact,
a prohibition against the use of the Terri |
tories of non Slavehnlding States as means o!
assaling the Institutions Of slavery III the |
slavehoding States:
NO person held 10 service or labor IN one |
State under the laws thereof, escaping into |
another, shall in consequence OF any law ar |
regulation therein be discharged from such |
service or labor, bat shall bo delivered up on |
claim of the party to whom such service or
labor may be dnp"
Now sir, there Is ii distinct prohibition on
the government Of the non siaveholtling States !
against making any law by which slave
escaping from, his master shall be discharged
from service There is the additional constitu.
tional requirement that he shall be delivered
up Oh the claim Of his owner au1 not going
TO invite the attention Of the House to any
other class nf Northern aggressions upon US,
except those which are aimed directly or in
directly ac the institution in this State, and
mean to show tnat the State Of Firg mia has
endured the most outrageous aggreSsions on
slave property in her own border, and the
most ruinOus to ever: just and jntcions
policy which we can pursue as State. The
ertns upon which NC entered into this federal
compact was, that whilst the non-slavehnding
States we're not 10 introduce the institution OF
slavery into their system unless they pleased
INV State. which chose 10 Go 50. could. and
hat the whole territory Of the United States
should be sacred Ia the claim Of the mas
er over his slaves; that whether he found
his fugitive in free or slave State. when
ne made his claim, that slave was to
be under his absolute control Now,
how has that been txccutcd' This is tin" law.
And what is the fact? There is 4 constitution.
Il compact that no slave escaping into another
State shall he discharged from service. There
IS in the constitutional eompac, the conditions
On which you entered INTO this Union. Aed
now, will ask again. what is the fact? Why,
The moment fugitive slave reaches free