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Virginia's House of Delegates passes bill by 37-vote majority imposing inspections on New York-related vessels to prevent escape of slaves or criminals, with penalties and bonds required; opposition fears constitutional issues amid interstate tensions.
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The purport of the Bill which passed the House of Delegates of Virginia on the 12th inst., by a majority of 37 votes, is as follows:
Any vessel whatever, owned in whole or in part, commanded by any citizen or resident of the State of New York, or any vessel bound to any port in New York, from Virginia, shall be subject to inspection; foreign and national vessels excepted. The object of the inspection is "to see that no slave or person held to service in Virginia, or person charged with the commission of any crime, &c., shall be concealed on board said vessel; the captain or owner of any vessel departing, without such inspection, is subject to a penalty, or the benefit of any person who will sue for the same. Every vessel, of the character above mentioned, shall, when within the limits of the State, be taken possession of, by the inspector, and by him held, until a bond, with two securities, is given by the captain, owner or other suitable person, conditioned to pay all judgments rendered on any violation of this Act. If the captain cannot procure such a bond, then his promise, under oath, not to violate any of the conditions of this act, shall be sufficient. If the captain refuses compliance, the vessel shall be held by the inspector and be liable for all expense in consequence thereof. No duly authorized pilot shall pilot out of the jurisdiction of the State any such vessel, until he shall have seen her certificate of inspection hereby required, under a penalty to be recovered by any one who will sue for it. Any pilot discovering a violation of this act may recover the penalty of the above mentioned shall be discovered on board of any vessel on inspection, or be detected in the act of leaving the Commonwealth, the captain or owner of such vessel shall forfeit and pay his or her value, together with all costs incurred to recover the same; and for the whole the vessel is liable. Every vessel is liable for the expenses of her inspection, and she may be seized until the same are paid. Every inspector may call out the force of the county, if necessary, to assist him. Bonds to be given before the Clerk of the circuit or superior court of law or chancery. The Governor may suspend the operation of this till after the next legislative session, if the Governor of New York complies with the demand at present made upon him, and the law of New York entitled "An act to extend the right of trial by jury," be repealed.
Thirty-eight of the members of the House voted against this act, of whom the Whig thus remarks:
Many gentlemen who voted against it, did so because they thought it involved an infraction of the Constitution, and because they thought some other expedient would better suit the occasion. It is false that any member of the Legislature, of either party, we believe, ever dreamed of taking part with New York in the pending controversy. The main point involved was too plain for any to have controverted it, had any been so disposed.
N. Y. Commerce.
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Domestic News Details
Primary Location
Virginia
Event Date
12th Inst.
Outcome
passed by a majority of 37 votes; 38 members voted against it, citing potential constitutional infringement.
Event Details
The House of Delegates of Virginia passed a bill requiring inspection of any vessel owned in whole or in part, commanded by a citizen or resident of New York, or bound to a New York port from Virginia, to ensure no slave, person held to service, or person charged with a crime is concealed on board. Foreign and national vessels are excepted. Penalties include fines, vessel seizure, and liability for the value of escaped slaves. Bonds with securities are required, or an oath if bond cannot be procured. Pilots must verify inspection certificates. Inspectors can call on county force for assistance. The Governor may suspend the act until after the next session if New York complies with demands and repeals its 'act to extend the right of trial by jury.'