- itMfr a . . - ' -- - - - -
' I JNTflOVERSY " BETWEEN NEW
t - -m - ' J w - w . " r n Y t ' -.
j-Vv' Y I IK K A IV I I V I Kllin I A.
T
:
.... f
If
YORK AND VIRGINIA.
Accompanying the Message of Governor
Seward, as published by order of the Lev
J
differcjit its cnwtrnf n!s, nm be from those
existing in their owni State.;. The true ques-
tion is, wneuier me cuau n wmc iiiey c
Slate bait!
the : goterow
rights wai c
citizens is under rpusinnironai looiigauun e gnty i u
!i'n surrender h citizens to bo carried to the I trial which otx
offended State, and there tried for; rffences I scrupulously ,td
gislatore, is the correspondence ffrowiog oui Unknown lo the laws of their own State. I tdojier an jinjurl
of. tbe demand ol toe kxecutive oi iew t heijefe the nabl to demand and the iceipro-
York, for the jjc,eiiuer oi mree cuimtru i f, ohl,-alIon (Q surrender fugitives Irom
justice between eoveteign and independent
n a nons, include, only those cases' i d which
. ;
1
pther.
X
1 mni. mix rent Jonoson. frymana. oornq
li-itid -taac Gansey, as fngitites fl. oa justice ;
1 jithej hating bern charged by John Q. Coh
i f ley, of Norfolk", Va,Milb fetcmiowsly steal.
I ling add taking from him a certain negro
I B'ate narned Isaac! the property: of tbe said
Colley." The law violated, was passed by
,T Virginia before ."the tleVolotion.r
. In the month ofJuly, Uiese.men
wera: arrested neon a, warrant of a Police
JwticVof thiscitf. charging tbeni with be-
I '1 fag 4'Aigitire from jtjstrce. and held l ib
- 1 prison, awaiting the aqtion of the Got-
ernor. - -j'- ' ' -.
f lri this s'tat of the ease, the reqnisition
made, by the Gonor,of - Virginia for their
surrender,wa9scrred upon Governor Seward,
on the S Oth of Juljon the ere of his de
interfere in
Of all the
a nation., sorer
ost nrecioua, ami
-Y ought most
Uf they irould not.
fJe cit'iens of no
other cobntry arein anywise .'bound, to put
foot uponjher, soil ifb,ut if they choose of
their own free-will lb J lo, they become ii
onceeutitied to tne proteeiion anu sunjeci
the acts constituting! the offence charged,' to the penalties of ; her taws ;f and :'ng
are recognized as crimes before lheunief- their sojourn are in duty bound to'"deport
n law of all citihzpd coantnesj ;f -think themselvesias good jacd orderly, members
it is also well I understood that ihe object of of the society to which ,they bate thns tern-
ihetconslhmional Droviaion in Question was porarily attached iljemfelves. Should they
to recognize. and establish ibis principle in choose to pursue' a; different course, havf
the mutual f elation of. the States, as inde- ever, by injuring tbe Icitizeos; destroying.
the la wV, they then jj forfeit tbeir right of
protection, and subiect themselves ;o the
pendent equal and sovereign , communiliej?
As they could form nb treatif s between them
selves, it was necessarily engraijted in the
Uonstitiilion. I rannoi oooht inat mis con.
struction is s just v i'il liberty i would be
fery impet fee tly secured in any country
punishment affixed by the supreme author
ity to their! oflenceidi ' ' '
According 10 Vatlelj page iui S" n meouen-
artore lor Auburn. The .papers being in il3 owJ law,., Piincfple,.f adopted,
I the view of Got. Seward defectire.and on J woud virtuijy cxCepd the legislation of a
satisfactory,, he mlormeoV me agenuwno glBtff bevond its owji! territory and over tlie
I 8?S?,lDe q suiou, ujm me ociraia , tuizers of another ! State, and acts wb'ch
whose government rs bound toi surrender ded Stale has in'tfer power the individaaV who
nas uone me injary, site; ina? .vwunu. -"i"0
bring him tjostfee and pbnish bim. he has
escaped and'reiurtied ii$jnei( country, she
ought to apply lo his tovercigh to have justice
dow tn CAe ce. AaUjsince ine laiier ougui uu
its citizens to be tried and coaderoned in
a foreign jurisdiclioh for aefs not prohibited
the policy "and habitslof one State may lead
jls legishluro to punish as felony, must be
considered of thai heinous character in an-
be euoniied. and directed the bherili ot Diw
York, who beld the men in custody, to no
tify lbs prison rs of the charge, so as to give
them n 'opportunity of .being beard, be
fore ! deci (I i hg u pon the ytqu .shion." 4 1
Gov Reward Uieof. proceeded io Auborn
and arrived alter mieen days, in tne mean, r J n aome of the States of the Union, adul-
lime, Ueccrder Morris had the men Moogh tery is roade a felopy ; .in anotlier the be5
beforejura upon habeas corpus, and ordeN D faU - f MiM child is made
to coffer bis subject to mohsiNhe subjects vf
other States, oMolbeni;an injury, much less, to
give open audacious offence lo foreigo powers, ne
ought tocomnel the transgressor
lan for tbe damages or; injury if
to make repara
roossihle. or toi
pll other purposes y . would be regarded ces o ltie casfo dtlxvirhim
s violations oi moral law.
od them to, be discharged from custody, on
the ground that "according to the testimony
j before him, neither of the prisoners had com.
xnitted an 'offence even against tbe law of
Virgmia, and that the testimony was not
! such os to authorise the detention of the
I pi tsoneisA' The case, it may be rememf
bered, caused mccb excitement at the timej.
i . It was proved before the Recorder, that
the slave was ."a ship carpentei, and had
! boen engaged at Norfolk vin repairing the
j schooner on board of whirh the three pris
oners were hands ; that after the schooner
sailed, the slave waa not to be found; that
7tTthcy (the owners) by express reached the
harbor of New York bt fore the schooncjr
anived ; that they went on board the schoon
er and made known to the Captain (a white
man) tbeir suspicions' : tbai the slave was
concealed on board." Search was accord
ingly made, (the Captain aiding in it,) and
the slave was found concealed among the
live oak timber. The prisoners were the
HI!
tial to our mutual .interest.
The offence chayrged in the affidavit be?
fore me, is not understood to be that kind
! only colored men on board, arid H was prov- aeprived ol his libey or held in duress, or
. u o7 iu cuniaaiiun ii inssiavB,.iwa rtffe personal rong or injustice, but is
Ui UblM IUIU litU riais C WH lUUIISII IU IV;
i main in Virginia as he coold get good wages!
North, and that this suggestion induced hi jn
I to run away and secrete: himself on board
the vessel. -; -.r;- --..- y . r
j The slave was earned back to Virginia by
his master.
inflict on him an exartlBlafV anishment ; or u-
anu circumsiau
tip to the offended
Stale, to be there brought to justice.
In Ni(ift-ar?rfrranrft i with these Views, are
those exrfflssed bv a Trv sble and distinguish
ed citizen of yoor Staej Jaoies Kent, in tbe ffrst
volume of bis commentaries, pagje 36 . "It has
sometimes been made a-questiuo bow far one go
vernment was bound by ibejaw or nations, pu
indcvtndcnl of Ireatv, to surrender upon demand
fttghiVW fom.' jns'i1eev' i vho haifiog committed
crimes in onecountrv flee to another tor shelter,
It is declared by the, public jafistsiUatewn
State is bound to deny . any ay jslom to criminals',
and upon application apd due examMnatiwn of the
case, to surrender the! fugitive lo the foreign
Slate tc&ere the crime was comrnjtted.. The
language of Ike author'uies is clear and explicit j
and tne law and usage oi nations rest on, tue
plainest' principles of justice. It is the duty vf
the government to rurfender op fugitives upon
applied in this instance; seems to me to give demand, after the civil magistrate shall have as
full and
the same
iva ifoiiii9iirtn in onrn Mtat mr nvrtnm
onfefidl, whhinfii. inrU.Hciin.i! ill reference; to nations hoj bound by treaty or Con-
. , r,...M. federated! bv compact. Ibattbe-nsaze of surren.
preserves mai narmpny .wntcn is so essen- dering foiritivea fromS justice Js observed and
cherished in the mosl ffiberal spirit. But the
principle is greatly enlarged to Us application to
those countries situated near each other, and
whose citizens aTe engaged in constant negoiia-
a crime ; and in another marriage without
license or other-lolmalities is; penal. To
admit the principle: trial violations of these
and similar laws, 'which aro in their char
acter mere municipal regulations adapted
to the policy of ajartitnilar irommuniiy,
are felonies" and tcrimes within the
meaning of the CoOf-titution, would involve
the most seripus coasequences by imposing
obligations which it would be impossible to
execute. .It is evident there must be some
limit to the description of "crimes" meant
by theCoustitutiort, and that which I have
rccps
mand was made ?. and tSaWs the injury inflie
i upoa citizen T Virginia'happeus not lobe,
cognized as criminal by the laws of N. York,
although expressly made felony by the laws of
this State." ton refuse to surrender the" offender,
and, by consequence,; to, decline alllsjencj In
reoresstrt ne ; grieauci.ciAiiiiueu ui.. u
not, mean to be cawa into a discussion tf ihe
abstract risbl. f slavery, or.to urge any argo
ootoents against the ri?bt or property of-ady
nation or people io invrenere,wiin out uuiuwuo
institutions. That, I assure you, sir, with ? all
possible deference, is not with the people of Vir "
ffinia a debateableaaestion. '.? Upon thai subject;
J need only add, Virginia know tier rtghlt ana
icill at all times maintain ihein, - - ;. .
Ii is tbe essence of sound construction that
the obligations of -the cor.sMtotion should- be
made to apply ooifwraily and" equally to all 'the
laies ana meir ciuzens jt spewiTeiv uu jci
because the stealing fif a slate s inade felony in
Maryland and not in New York, two citizens ot
these Stales may contederate aod come ioo Vir
ginia and steal a slave, and flee to their respec
tive States for refosre; and upon a demand from
the G vernur jof this State fur ihe surrender uf
each, the' constitution, according ;to your view,
requires the Governor Jo surrender the offending
citizen of thai State, but does not require you
to surrender the offending citizen of your State.
The conclusion is, thai the constituiion wrficb
was designed to confer upn the citizens of all
tbe Slsiei precisely equal rights, authorizes ibe
punishment of a citizen of Maryland for the per
petration of a crime for which it excuses o titic
zen flf JVeto ' llfc although both are -J equally
guilty, buch could never have been the inten
tion of tho&e who framed the constitution. Their
sense of justice would have revolted at the Very
idea of ucb inequality and iniquity. ,
I he State of Virginia as an ooqtiestionsble
right to deise us own system
rattan of.the AorsiiWionat provision to those J
fences which are forbidden by the 'Jaws: of this
State, and .when the principles of ,ihese. laws
conflict wit b those of ihe laws of other Slates,
to refer the quef tion to the leal of the ' laws of
all other civilized countries.; , . . :
The next fetter from the Governor of Virgin
ia, under date of April 6 IS40, communicates
tbe resolutions of ibe Virginia Legislature, to
whom the subjsci bad been referred, and present
various additional arguments to show that the
Governor of New York is in error in the grounds
he had taken. Tbe following are tbe resolu
tions : ' ' ' "r
; .Aeff That 'the reason assigned by the
Gove rnorof New York for is refusal to surren
der Peter JohnsonrEdwaid Smith, and Isaac
Gansey, as fugitives from justice, upon tne dero
aod of the Executive; of ihi State, are wholly
unsatisfactory; and that that refusal is a palpable
and dangerous violation of the' Constitution and
laws oi the United States ' ',' ' ' '
Rmi eed, That the course pursued by the Ex
ccutifft (if New York cannot be acquiesced in :
, - . i
if sanctioned by that States and persistea in,
tlltecome tbe solemn vduty of Virginia to
ficatijon which my feel!?
describe.''
Thirj law should rrr lr:;
ipg at tbe passage of ti c !
which may happen in re
views upon this subject.'
myself as a standard f r
as I am, I could net rut
violation of conscience ;
of solemn duty. Fur I i, .
the system should be c::
cial effects would I c ft !:
our country, arid isncri-!
whote trading ccuinn;: ;'
i "i j t i i
wnicn i neueve urva u.- k
Europe, and in tv rv mi;
globe;.. Indeed, from l!.:
Ihe Jews, though an frnr
their septennial years tf
general jubilees, h is t!
adiuerectform ; Ihcrjrr
principle for the same t!
all power is based cntl.-j
We have no legal or cc:
and
it will bec
adoot tbe most decisive atd'efScienl roeasurea.
for ihe protection of the property of ber citizens,) but the rich and ihe por
and tbe maintenance of ights,wnicn sne canuoi, i unfoilunate, are all equ
mnA oi ill nnl ' nnrfar lk iI rtlltlStaiMIf'S.' SBFlcn I -I . r
-v. -.. - - . 4 i pciusi revotuiion oi prop' t
aer r saancua. ,-. - i
-AUtsihed: That the1 Governor of this Slats
be authorized and reqoested to renew his crres
pondmee with tbe Executive if New York,
fair scope to the provision, and at cerlained the existence ot reasonable grounds
time preset ve the right of exclu- Jor the charge, and m$Uient toput the accused
. I
ft
I
master. On the 30ih August fblldwipgJ nftl lnfnpm voll i-J
the Governor of:y.rgini
iiun ui uot, scwara io me requisition,-ajna
desired bim to dispose of it wnhoot delay.
In bis letter he states, 1
V As the demand was founded upon the1
accusation of an offence pculiaily and
deeply affecting the general interest of the
good people of. this Cvrnioop wealth re
cognized as felony and severely puitishec
; by ogr laws and as, if longer delay is peh
i mitled; the cff nders may escape altogether,
s I trust you will cxruse mv anxiety for call
ing your attention to the subject, and asking
that you will d ispose of j it t w it ii a II con vb
nienl promplituJe aftir the, receipt of Hrtis
letter, and apprise me of the result.,V. J l
'Gov Seward, on the 1 Gth of September,
replies, ss the reason for delay, that sfter
hi arrival at Albany he learned. from the
public papers that the prisoners had bekn
discharged by the Recorder, on the grou
as be Supposed, that the requisition and a
rlavit were eerned antffficiehti and that lie
inferred from the silence of the agent w Wo
Dcrcuauc riquisuion, mat me .oppucaiion
had HO.On ahanrlnn4 r tliA dpniunn nf lha
Recorder acquiesced in. - "
I N He then proceeds to examine the suppos
ed defects in the affidavit and "requisition,
and declines I to deliver the supposed fugi
tives to be carried to 'Virginia for trial,
understood to mean the taking of a slave,
considered as property,. from bis owner. If
I am incorrect in this supposition, the vag
ueness and uncertainty of the affidavit must
excuse tuy error I But I think there can
be no con trover sj upon this point. I need
that there is no law of
recoenizea slavery, no stat
ute which admits that one man can be the
property of another, or that one man can
be stolen, from another. On the other hand
oor Constitution and laws abolish slavery
in every form. Tjhe-act charged in the
affidavit, if it had been committed in this
State, would not contravene any statute,
lions or! frequent intercourse the one with the
other, to eucb cases hi duty of each sovereign
io restrain his subjects from interfering with
ihoss of; tbe other, becomes indispensably neces
sary to secure the. blessings of peace, aod to a
votd the evils of a constant state of war. Hence
Vaitel, page 183, observes, " Ihe matter is
carried still further in t less, that are more close
ly connected by friendship and! good neighbor
hood. Even in cas4s! bf ordinary transgr-
sions which ate only! Subjects of civil prnsecu-
lion, either with a view io ine
age or the infliction of i slight
the subjects of two neighboring
rocally obliged to appear before ihe-magistrate of
the place where they are accused ol having tail
eo in metr amy. - i m
i 4 111 '
to regulate by law the conduct of its own cit
izens to declare what shall cocsti tote property
within ber bordersand to secure her people in
the freer acquisition, tenure and enjoyment of it
and finally to declare what ads shall be con
sidered felonious o criminal, and to denounce
upon those who cummil them such punishment
as ber. Legislature may prescribe. . Should a
citizen of New Yoik come within her domin
ions, while, here be can claim ibe protoction of
ber laws for, the security of bis person and his
property : but on the contrary, slu uld be com
mit an act made criminal by her laws ai
flB to New York, the federal constitution, the
laws of nations, and evec offended justice itself
authorizes Virginia to demand, and requires
New York to surrender him for trial not, as I
have said, tor violating the laws of New York,
but those of Virginia. All the wriUrs upon in
ternaiional law, I believe, concur in the doctrine
of Mr. Kent," Hie guilty party cannot be tried
, t .11 ' J-J."J- M I Jl .
ana punisnea oy any oinerjurKuiciwn muu ine
one whose laws have been violated." And the
constitution of the United States expressly de
clares that he shall be delivered up to be re
moved to the Slate having jurisdiction of tbe
crime.'
Governor, Seward, under date of Oct. 24,
1S39, replies to this letter at considerable length
and denies what be states to be the, position of
tbe Executive of Virginia, viz: 4 that il is the
dutv of the State upon which a requisition is
requesteng that that functionary will review ihe
grounds taken by him, aod thai n win urge ine
consideration of the subject upon ; ibe Legisla
tore nf hi State' " ' I 'v''ff!
-14 IZejoreif.That ibe Governor of Virginia be
rpnnesirrf in nnpn s porresnondence with the
Executive of each of the slaveholdirg stales
reooeslinff ibeir cc-operaiioa .in J any necessary
. 4 r a -d nroDrr measnre 0f redress - whieh Vtr2 nia
. I m a ko fnrrmmA IA .ilnnl ' I
coming rich, and the nrf.
and to suffer any uoncce
to enterprise, is to intirrt
of the nation, if then t!
oanKrupi law, give?, est - r
v'minns lo atl'wlin rirsiro :
other country, it is aiuc!:
great Republic.
Most respectfully your f
. - mi.:.:.
From the
mav be forced to adoot
2?eofcecf.'Tbat the Governor of Virginia
be red nested to forward copies ot ibese proceed
ings to the Executive of each Slate ef ihis Un-
ion. with the reauest hat thev" be laid before
their respective Legislatores," ; - : . w : '
Governor Seward, in compliance with ihe re
quest in these resolutions, laid the suluect before
the Legislature in April last, oppn which bow
ever, in the Senate, no action was had: but in
Assemblv. a committee reported. fn:. substance,
that thfi fKisitions taken bv the Governor of
ihe Stale were sound and judicious He, at
ibe same lime, informed the Governor of Virgi
nia, that some delay, would oeeessarily ensue,
in conseouence of this reference to the Legisla
tore before he could return an answer. During
the nitt'somrjbe'r. several shert lerters passed
between ihe i wo Governors, the burdeo of which L-Jreadv wide snread fa-
oo me pan oi me . "aT"' The conlihued attacks u
remind Gov. Seward of his promise to give tbe I ...... ,
...Lr. j -a - fii -or ngni, uucnanan, anj
rr, At i-ti; nn iK0 Qih nf NnTPmhpr. I and parried in a manner
1840. Gov. Seward forwarded bis answer, in
which be reviews ihe whole ground of ibe mat
ter at issue; maintains bis previously assumed
rtoQilinn anrl clronnl lAnmt With addtlionai ST
yuments: refuses to accede to the requisition, aod
denies ibe applicability to such a case as this,
m 1 . :t A - i.t.. Cu lams
oi toe exisiing inier-uanouai ui iiucrouiu "
THE DEBATES 111
-The debates in the tt
gress during the past wr c
esttng, and in many ir;:::
hibittng a marked dc-rc
general knowledge, z:: l
five to public affairs.
The principal topic in t'
the land system, connect
cidental but highly inter:
lion?. In this discusric
of Ky., has borne a con:;
he has discharged with n
ana iaci, wuicn nave r::
recovery of dam-
civil punishment
states aie recip-
ants in a defensive pc,;-.
of the Globe upon this t
false and unmannerly. '1
Mansum. of N. C whir!
r ft
lew nays ago, was a pre
order of merit. That cf
respecting lugitives Irom justice." w " ' """" ---.v..-
On the receiot of ibis answer, the Governor eloquence which havonn
made, to deliver ap its citizens when charged of Virginia offered a reward for jthe apprehension distinguished that gentle
with an crimp, w thnnt refarenne lo lh nature 1 ol me inree inoivjooais oeiure naiueu, uu uwwi, i ui inoiaui, oroucni to t
of the offence and in rapard lo the aootation ed a correspondence -with tbe fcxecuiive oreacn
from rjhancelhr Kent, be iosists upon the wftofe 1 ot tne stave noiutng oiaies, as oirecitu j
of tho Chancellor's opinion on the subject, a part 4th resolution above quoted. On the 2d of Ue
onlv of which had been, given bv the Executive cember, be sent a special message" on the sub-
ject, to tne L.e2isiature or Virginia, men in ses
sion. in which he informs I hem oi ihe result ol
the correspondence, . and presents anew to their
. . . . i I
consideration the Wlioie suojeei, wnn ms rea
sons, at meat length, in opposition to tne viens
rm kw mm .
ot Governor Seward
He recommends in this Message, the appoint
of Virginia J He savs,
The Chancellur coniinoes the disenssien by
saying "the only difficulty in the absence of
positive agreement consists in drawing the line
between the classes of uffenees to which the
usage of naiions does, and to which il does not
apply, inasmuch as it is understood , in practice
j
fn the 4th article and 2d section of the Fed
nor is it necessarvjor inform you that the era! Constitution isroilnd ihe hallowing clause :
common law, wbirp is in force in this State I A persorllkd m fany State with treason,
when not abrogated by statute; does not re-1 felony
cosnize slaver v. nor make the act ol which r,s
the paruea ore accustd in this case feloni
ous or criminal. I f " r
It results from tHis view of tbsrJaect
that the offence charged in the SBSlind
specified in thia requisition, is not a felony
nor a crime within the meaning, of the con
stitution; and thaU waiving all the defects
r
deL
frof
c Qtr
mm mm
Ve. who; snail nee -irom
another State, shall, on
j authority of the State
(ftdeliveied up to be re-
798, trie Congress of the ;
Unw 4tes passed an act I providing for the
full and complete execution of this provision f
the General Government, by prescribing tbe
form in wbieh the demand should be made, and
to apply onlv to climes of great atrocity or deep 1 ment of one or more special commissioners on the
ly ayeciing ine punuc saieiy." in accordance 1 pari oi Virginia, ror me purpusoyi uinigiHgwit;
with Chancellor Kent's exposition are the views 1 auastion directlv before the Lecislalure ot IHew
presented by other writers of great authority. j York and, ascertaining whether .'haf body con-
brotius admits that some ags past, tberigbt of I curs in the views of uovernor Seward, of wbicn
demandinBifugiiive delinquents has not been in-1 be expresses his disbelief, notwithstanding the
eisted on ic; most partv of It. u rope, except in 1 report of the Assembly a tomtnittee.
jen in the affidavit, I cinnot surrender the sup- ."tf aorreoder accordingly. (See laws
If posed fugitives td ie carried to Virginia for i?t,le,' by J'vj' V
(A. ;. , , . 'I. r.u'.o. . 284.) Thus the framers of. the Federal Con-
tnal under tbe statute of that Stale. .i,.,;s r,t ni tA
So far as my t knowledge extends, no
Slate has ever admitted the .constitutional
8titution intended ndt only to secure to the
citizens of each State all privileges and immu-
criraes against the State or those of a very hei
nous nature. As for tbe lesser faults, they are
connived at on both sides unless it is otherwise
agreed on by some particular treaty. You will
permit me here to say with all respect, that it
is the " usage of nations" as it is " understood
in practice," that we are seeking to ascertain,
and that the difficulty in.the present case is the
very difficulty mentioned by Chancellor Kent.
1 he question under consideration, stated in ibe
language of Chancellor Kent, would be wheth
cr the crime mentioned in your requisition is a
crime of " great atrocity or deeply affecting the
obligation to surrender its citizens, to ex
tend bevond the limits I have mentioned,
although demands jhave been made in cases
simalar to the onelhnder consideration. If1
I entertained doahis of the justness of the
.... 1 I t ' . . W 4 .
views i nave expressed, 1 snonio ne very
nities of the several States,1 bat to preserve 1 public safety." I must respectfully insist that
unimpaired the happyjand harmonious relations t cannot as a magistrate and in a case involving
of all tbe States by requiring ihe prompt surren- the liberty; of citizens of this Siale, admit that
der of every person wbo shall commit a crimi- to be a crime of this character, which tbe laws
nal offence in one State, and flee to another for of this State do not pronounce to be even a
protection, to be remoyrd for trial and punish- crime. I
ment " iothe Slate having jurisdiction of the Let us how inquire what cvould be the conse-
enme." But accordtne to your Kxcellencv's I quences of your position. Dv the laws of this
iinwillintf In Oftlahliah n nrMMPnt an lull At I :.j..t t .l: ti .u.2 1 u . -. . .. t n i . .
f.n th nrnnnT ik.i wil- ffi. U2S 6 . i , t " cuifucuon oi inmcuse.iue teiui. ucan, oiaie uib oiiowiog oueoces are uec tared to oe
. " w v" .' o danger to me. personal security oi tne cm- felony, or other crimes" although comprehensive misdemeauors. that is, crimes of a erode lo
.v.wu whuiii iub wctiuujj vi uievsuii-1 zens of
Biuution." v - . -! 1 h
Gov. Seward, in defence of this ground
this State
4
II,
i !
states, that:
Admitting the affidavit to be sufficient
in form and substance lo charge tbe defend- proceeds as follows :
on is wnn ine vTiuiD oi sieaiincr n nrrrrn ii i , m-. ..
from his master in Virginia, as defined by
the lawscl thai Slate, vet in my oninion
the offence is ndt within the meaning cf ihe
Constitution of tbe United States. The
woids employed in the Constitution, "trea
son, felony or other crime," are indeed ve
ry romprehepsive. It has long Leen con
ceded that citizens of the State upon which
the requisition is made, are liable to be anr
rendered as well as citizens of the State
making the demand; and it is further re
garded as tinseltied that, the discretion Jof
the executive in making the demand is kin
limited, while the Executive upon wliorri it
is made, has no legal right lo refuse com
pliance if tbe offenca charged is an actfof
treason, felony or other crime," withinjthe
meaning ol the Constitution Can any Slate
at its pleasure declare an act to be treaiiU
Jelony or crime and thos bring it within the
constitution provision I confess that such
does not seem to me to be the proper con
struct ron of the constitution. After due
consideration; I am or opinion thai the pro
isi.his applies oniy io those acts which if
Am. . . ' a ";-f- .. 2
commiueo wunin tne jntisdtriion of! fh
Btte m wbich the person accused is I
The Executivedf Vitginia, under date
of October 4, 1830, acknowledges the re
ceipt of this answer from Gov. Seward,
and after recapitulating the substance or it,
enough to embrace all criminal offenders and to than fehmy. 1 hey are not crimes of
reach all fugitives friim justice, must be so re- I atrocity or deeply affecting the public eafeiy.
alricted and interpreted as to include aft such of- nor are they ciimes " punishable with death or
great
In this position the matter rests at present.
- t . Ncvs York Jour, tf Com.
BANKRUPT LAW.,
- We give below sn extract from a letter by
Col. R. M. Johnson, on this subject, that
our readers may know his views. ' .
(( In tbe.lst article, eighth section, fourth
clause, of the Constitution, it provides that
Congress shall have power to establish a
uniform rule of naturalization, and uniform
Jaws on the subject of bankruptsies, through
out the United States. It was seen by the
framers of that instrument, that the relations
between the citizens of different States, and
especially between the trading communities
of ihe different towns and cities, ouldren-
der a uniform system ot bankruptcy highly
important lo tbeir interests. In this grant
of power, tbe patriachs of our independence
evidently considered it the discharge of a
"i c uci bnuicv uuuiaiiauic nun ueatu ui i , . t j AC l. r T
fences ea are recognized as crimes by the uni- imprisunrnent in the State prison," so that ihey acrea outy vano,n is oioicuu lor roe tu a?
versai laws of all civilized countries " 1 hus
j wouid be treasonable, f loriousur
! by the Uws of ihat Si atn.
I do not qufslion ihe constitutional
of a State to mike such a penal coda
-i. .it . ' .
iU6d,
ctidiriai.
ght
n
as it
Now, sir, these doctrines are so com.
plelely at war with what I understand to
be the law of nations governing the inter
course, the rights! and obligations of sep
arate and foreign Countries, and by conse-
quence yet more inconsistent with the,
friendly and federal relations of these Stales,
as prescribed by a Constitution of govern
ment fully considered and freely adopted
by each in its 'oreign capacity, that I can-
nut agree by remaining silent tn be consid
ered as acquiescing for a moment in their
correctness. According tn the laws of na-
lure and of nations, everv independent
it-' '
community of people has an undoubted
tight to form lor itself a civil society to
construct its own form of government to
devise and enact fts own system of laws
-to conduct its internal or municipal reg
ulations in such manner as may best con
duct to its own happiness and prosperity
and to establish by treaty or otherwise
all such polit cal relations and commercial
arraHcements with other countries as may
rot be in conflict pith the Universal princi-
pics of justice, and the rights ef other na
tions. It thus becomes a free, independent
and sovereign Stale, and assumes its pro
per station among! the great family ol oa
tions. Neither the government nor the
citizens of any other - country can rightly
interfere with its fmumcipal regulations in
any way, "it isan evideul consequence
the citizens of Pennsylvania and Ohio may. en
ter tbe territory ol INew York and comraU-aJ
thousand offences made criminal by yoor laws,
lo the great annoyance and injury of your people.
but if they happen to be crimes peculiarly affec
ting the inhabitants of New York, or of a grade
would not be subjects of demand under tbe usa
ges of natious as expounded by Chancellor Kent
orjs recognized by laws of this Slate. Petit
larceny ; extorting by threatening letters; ma
king eunvey ances to defraud creditors; conceal
ment of property by insolvent debtors; "buving
lands hi suit ; buying a pretended title tiaog-
or character each not recognized as crimes by I acting; business in the name of a party not in-
tbe universal laws of all civilized countries," I teresied;; wantonly openirg a lock on a canal ;
you may in vain demand meir surrender, iou j (owo ciuks negiecung toeiuro names oi con-
may punish your own citizens for committing siabies ; any vioiauoo of health Jaws ; entering
sign any good cause why 'ibis provision has
not been earned into effect, un?ess it has
been prevented by clashing sentiments upon
its details, as it cannot be controverted by
any that bankrupts, innocent, unfortunate
bankruptst have always existed, upon which
such a law would operate ; and in my opin
ion, the law should be; permanent, and not
temporary " J
" H is repugnant to every principle of jus
similar onences, out iinose or oiner oiaies wno luequaiauune grouna nunoui auiourjiy , Keep- nee to regara oanKiupicy as e press ropuun
entered your territory for the! predetermined pur- ersof boarding houses neglecting to report for- Df guilt, In tbe fluctuations of trade, the
poseof vioiatinff yoor lawsininrinff the rights, e goers arriving by sea: ferrying withoat li-. mrtfc. Hrtnnr.il' mn are nf ten its victims.
a mMM avaruu'aaaw ' - - - -
ShU .eerr. necessarv r nupiIi
im that citizens of another Sute shall! be
rmpted irom arrest, trial and punishment (88ys Vattel, that all have a right to be
ihe State adopting such code, however governed as tbevibink properi and that no
and disturbing the repose of your peaceful and j cense; selling goods by auction in violation of
unoffending countrymen may from your laws ; auctioneers sellhig goods except m ine
State exulting in their crimes, and it is neithor dayrime adulterating dialled spirits or sell
your rioht to demandi nor the duty of their Go- ing such spirits ; defacing mile stones ; cheat-
vernor to surrender them tor trial and punish- ing at piay ; winning or losing moe man twen
ment.- ' I j
Such s construction of the clause in Question
would utterly defeat the object of those wise and
sagacious statesmen" k bo fiamed tbe federal
compact ; and instead of promoting peace be
tween the States, would, in ray h amble judg
ment, cherish a constant state of excitement and
collision between them. But, sir, is ii true that
the offence committed by Peter Johnson, Ed
ward Smith and Isaac Gansey, is not recognized
z criminal by " Me universal laws of all civil'
ized ccunlries?" They are charged witbefo
niously stealing fnjjnSlJohn G. Colley, a citizen
of this State, propjefl: which coold not btve
been worth les than some sit or seven hundred
dollars. And I understand afent'ig to bv recog
nized as crime by all Jaws, Human and divine. -But
you escape thisj conclusion by informing. mil
(the properi v stolen! Iein a slave.) ' ihat iheref
is co law of his Sl whirb recrgn:zfs slavery;
no statote vrbich alimtis thai one man can' bej
the property of another, or! that one man cn bl
and to hold tbe person of the debtor sub
ject to his creditor, and to put his future lib
erty or acquisitions beyond his own control,
when he has euriendered all, is to inflict a
ty-five dollars in twenty four hours ; driver of punishment where there is no crime, nor
. : ! l: . i .1 ! . ... '.
a farriaae losning ms oorses , nrgngenuv sui-
Tering fire to run beyond one's own land ; setting
op or drawing lotteries selling or buving tickets
in such lotteries ; racir.g animals; and all offen
ces .against the la ws relating to excise and to the
regulation of taverns and sri ceries. Undoubt-
criminal tribunal to investigate a ; crimf, or
to presence us punisnment. ,
"Credit m trade is based upon confidence
in the success of htm who obtains it, and
ought not in any degree to depend upon a
edly the Legislature f every one of tbe iwen- I contingent - right which the creditor may
ty-six qtates in the union has denned a boot ao
equal number o petty effences. Can it be poe
siole that the artifcle of the Constitution was in
tended to establish system of police by which
the citizens of the respective States should, at
the pleasure of magistrates of other States, be
transported as criminals to other States upon
eharges for offences of this description? Yet
this must be ifue, unless, in ibe language of
Cbancellor Ker,!, a line bediiwn beiweeri the
classes of offirns" to whuh the Ciinstitbtional
provision does and to which it dMes-rwapply
siolen from anotherl'lj Now, sir, need I tellyoul
it was not fur an $nence against tne laws 015
a i - tr i : .A . l v
;Ot tg:nja mai me
New Vorkj but trriraej
claim on the liberty or the future independ
ence of the debtor. If he chance to be un
successful!, all that thoy cart claim is a faith-
full surrender of his remaining effects. Let
bim give these and begin the world again.71
!4Tbe i uteres! of tbe debtor, the interest
of the creditor, the interest of society, and
the glory of our country,! all conspire to
sanction the measure. The object f Gov.
ernment ought always to be the mitigation
tf human miCPff nn A ihi advancement of
In drawing .his line for my own auidaoceiiri ihe , fa happine;Sf 88 far possible. If I
exercise if.this power, I have looked in Vain for I Iut " ' FHx 1 f ,Hn s
any ro!emoreaf.. more liberal, or less calcola- j can light up the smileof gU. W in
ltd 10 trite liistoffnre than that Insisted upon one solitaiy bosom, where ine tear ol sor
in ury termer letter, to wit, to confine the appli- row was flowing, I enjoy ifl the act a graft-
conversant with thesubirr
.... j
t r Dfnnmoniattfin Mr V
State adduced a variety c f
ing information, and pro-
striking views ol the f
highly animated and pi:
cipal Speakers in oppc-it
Wright,' Benton, Calhoun
and the debate wis cor.ti:
by lr. Webster, in reply
aod yesterday by Mr. All
vu hid utcasiun ui u
on Saturday, tbe Senit
crowded with auditors ir.
Calhoun consumed the f..
the morning in aspeefi,
say was wholly unain :'
from which we wrro ur, .
solitary Fubstsniial rcasc"-
cihnn In rorin thfi linh if
a.. .w - - - - "
which they he, ought to
considered by the Senate.
tleman denounced the r.r
tion, as tinconstituticnal r.
Mr. Webster follow t !
notice merely, as was i: .
tnnm rC I. la I r rrA 11 I rr U f
iivi 11 111a iitiiuiiunvi;
.the points Mr. ..Calhoun
ever, the subject scerne ! 1
tance in his bancs, and i c
ed into one of the nr):t
displays of eloquence ar.
ever been pur good lorlur
effect upon the audietic::
remarkable silence and r
vailed, and the very auci
on one occasion could r.
which no one of .-either f
disposed to rebuke. Tl
tenzed by a gush of p , : r
prehending in its sy: i
country, North, South, I!
States as sovereign! icf,
looking lo their preset. l 1
and to their future glc:
worthy of an American, i
were enforced by an t!r
and a solidity of arp1;.:
by the pure 'English
they were spoken. :
controversy with Cin. !
Mr. Webster has so i"
Mr. Webster main!:;
cf Congress, over ihe 1
domain, was derivod f
Constitution which
ritory belonging tojhe L
trol of the national L rz:
without limitation. I n
Congress,! had a g n c r ; !
revenue by taxes, and I
t- . a il in a. ?
oc extivi5 swuini
J o guiae ana direct s
gress might look, Crsr, '
original grants cf l!iC- !
ibe Slates, and ther q a
second, to the povtf rs
erntnriit and tho Si..t
especielly to the imparl '
had parted with the a '.
power i( collectirij r
purposes by duties cn '
third, lo the actual c .
tbe Slates in rc-ard to C
He deprecated the c
were made to the new J
cy of Slates was a i r -