Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-04-12
CrrxIrrEAns.

Massachusetts, vs.. VRGINIA.-The case Of Baker IS.
WISE Governor Of Virginia, which has been pending in
M Sunreme Court Of Appeals Of this State for severa'
vars was decided Tuesday last in favor Of the de-
isndants-Judge Allen dissenting. IL was suit TO ties
ne onstutionatv Of passed the 18th OF March,
,Sss by tn Legislature Of Virginia entitled an act pro
t,ng additional protection to slave property. This act
provides in substance
first That all vessels Except government vessels)
hor,d 10 the N0rth Of the CApes Of Virginia and de
Mating from the waters Of the Safe shall be inspect
cd for the purpose Of sscertaaing fugitive slaves
were concealed board and TO pay i've dollars for such
inspection
Se.oad That all vessels owned in Virginia should be
exemp, from such taxation.
Tnird Every vessel departing" from the waters OF
Virginia without certificate Of Inspection shall forfeit
$500 and during tire suit for this penalty bond must Dc
given for It's payment and costs and said bond is
given the vessel is forfeited.
Fourth The pilots The State are the inspectors wkO
are 70 search the vessel and give the certificate.
Fifth. II vSsel returns TO the waters OF the State"
from auy cause she must pay the inspection lee again
before departing, except when compelled by
SIRE. OF wetlrr; IN Which also it be paid II
there il any intercourse with the shore.
Sixth The hnes levied under this law appropriated
10 the enforcement of the fugitive slave law being eql
ed 20 be paid into the State Treasury and be Used Tor
the payment Of rewards for the apprehension Of iug
tive slaves
R,kpr the pain,iT in the suit is a resident Of Var
mouth Macs, and IN Angus, 1856, captain Of a
c,astinc vessel IN the fruit trace between Norfolk Va
aud Nv lrk and Boston. Having taken board iis
cargo AZ Norfolk he left the wharf ard kept under easy
sal while running down the Cipgs Charles and Henry
about miles, IN order that the pilots might board
from their boats is their Practice and 'uspcc" him,
sccordilg tie aw IN question No piOl ooss appear
ed and having reached the mouth of the bar and hs
cargo being very pershaole kind he resolved 20 wait
longer, the Wind Vas TAR, and 50 went 20 sen with
on inspection. He had no fIgi,.v5s on board
On returning 20 Norfolk about month after, bis YES
sci vas at once seized Tor this Noncompliance with the
act Baker tried in yau find court ocer to whom
he could give the bonds required TO release bis vessel
and aFat tria, bl. could be found
In session or was 20 be for three months.
TIE vessel in consequence chained 20 the wharf
I'll the Court ia IN November, and lot being cog
pered, was 50 Injured by the that she sold
under the decree Of the Circuit Court oil Noriok (which
condemned her in November 1850 for $3.50 her value
being before seizure - 0Oo The 500 barely paid the
fue aud costs.
From this decree Of The Circuit Court Baker appealed
to the Court Of Appeals
The Attorney General Of Virginia, II N. John r.
Tucker appeared tor the Sate, a,d Taze vel Tl,l T.
E-.. Of Norfolk. Hon. VIM. W. Crump, 0 Richmond
aal o. Johnson, ESQ Of Boston, were tn eounseiO
Cap; Baker
The case when argued, was discussed at very great
length and excited much interest.
Irn4s conteuded by Bakers counsel that the las in
question in violation Of the BIZ OF Rights Of the
Constitution o! Virginia, section 10, iuasmuch it uu-
thces unreasonable SEARCHES and seizures and withou:
"eydsuce Of fact committed and gives TO the pilots
Of Virginia who inspectors by the act roygg
mission % search and seize without OATH warrant or
preliminary proceedings Of any kind whatever the efec
ani psop rjy Of citizen; aud, moreover fssten upon
them the suspicion Of crime and subject them 10 arrest
and their property 70 coLGsca,iou.
Il was maintained that the in conflict with the
Constitution Of the United atCs because il regl-
on Of commerce and that Congress has exclusive pow
20 regulate commerce among the several States" ard
that a law of tli, kind Is police regulation
such conceded States may make which affect only
their Internal and municipal concerns That this law
a regulation Of commerce such as Is contemplated
the constitution. That the hw gives preference TO the
ports f Virginia and o.. the South the North ,ru
ports iu violation sec OF Of the Constitution OF
the United states; that violates the privileges and n-
muaies Of citizens OF the several States IN Oher States
contrary 20 ari ii Of section Tla. IL is "Ia-
specton law under arL ], 10 and that /, warrants
unreasonable searches ard szuges OF the effects Of pee
PIE ag'ias' art Of the amendments to the COls'i:u
ton.
1. was further claimed that the vessel corGseated in
this was euraed aid licensed for the cOG,tug trade
under the laws OF the United States and could be tax
ed impgded by State laws in the prosecution OF her
voyages in the waters of the United ateS.
Aud h1al,y-that 8tes have no rich 70 tax the con-
Of the United States for the beue6; Of State it,
situations the STATE Treasurv-the fues in this Gaze
going into a fund for the arrest Of fugitive slaves.
The question OF the powers Of Congress and Of ihs
concurrent powers of :he State elected much discussion
which took a sonesha. political aspect the Attorney
General coneCiug for the extreme State Rights doc
tr ne and the Massachusetts, counsel Ginning exclusive
pouer in the Federal Government in the regulation Of
conmeTce,-in which the history Of tie Constitution
and the eontemp0fancOus exPositOus were much con-
sidered.
TIE Attorney Generals positions we're, that it was
a police regulation Of Virginia, such she bad
rgh, TO make and that States have concurrent power
TO some extent with Congress in the matter Of
mercs.
ssprors Ixrlp.roI.-Tbs recent protrac,ed rain.