Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-08-11

that the prisoner be discharged rom want of cause
of committal. The laws of this State do not
thorise the arrest and detention of any individual
on tho charge of Larceny, unless an affidavit DO fl
led that the theft has actually boon committed; and
the Revised Statutes authorize tho prosecution of
theft committed in foreign country, in tho Same
manner if committed III tho u. States. MIR.
Prico contcnded that there was no evidence-no
affidavit before tho Justice that the theft ever was
committcd-that letter of the President of the
United States, stating that theft had been com
mittcd, would be sufficient evidence of the fact
to authorize Magistrates to proceed under the
Statutes, and no could not therefore, sec any pro-
prcty Justice in receiving as testimony, the SIM
pie letter of the Prince of Orange on the subject
The mode of proceeding is expressly pointed out
by Statutes, and plea of erpedieney can ever
Justify departure from it, and thereby encroach
upon tho liberty of citizen, of foreigner who
seeks asylum shores. The laws of the
land have plainly pointed out the only mode in
which tho person of the prisoner can be held in
custody, and no magistrate has right to make the
| erpediency of a contrary course, paramount to
such laws. "Let us suppose case" said MIR. Price
'Let us suppose tor a moment-though God grant
it may never happen-that the gallant Poles, who
are now so noby struggling for the dearest rights
of man, should be crushed by the mighty hordes of
the Russian autocrat; and that SCuRZEYNEcKI their
bold and noble chief, should seek an ASYLUM in our
beloved country-brnging with him Jewels which
no may have won on the field of battle, from the
enemies of his country. The Emperor Nicholas
considers this man and the brave people by whom
he is surrounded rebellious Slares, and might
if he thought proper, write to his ambassador at
Washington, that Schrzoynccki had stolen from
him some of his subjects valuable Jewels
| Would you L ask, on this letter of the Emperor
/ Nicholas, any other Emperor crowned head
in Europe, presume to deprive of his liberty the
| Gallant Chief who might stand thus accusedl-
You would not. And shall it be said laws do
not extend equal protection to all?-I admit that
tho case suppose, is one, which in oil human
probability, will never but yet, not the less
illustrative of tho case in question II you once
admit tho principle that the prisoner may be deain-
ed on the testimony now before you--no matter
how true in itself-this country ceases to be
asylum for tho oppressed of Europe. Kings, No
bles or Commoners, may ut their pleasure procure
the arrest of whomsoever fees to thiscountry, and
you by this precedent, bind yourselves to deprive
the accused of his liberty until the prosecutor has
time to produce his testimony. Such charges
would frequently be made for other purpose than
to disgrace the accused and deprive him temporarily
of his liberty, without the slightest intention of
over substantiating them. These Jewels nay have
been stoen-the prisoner may have been guilty of
the theft; but you have evidence before you that
the theft ever committed. The provisions
of the law have never been complied willard he
appeals to that law for protection. Whether he be
l guilty or innocent is not the question-io stands
simply on his rights foreigner-righs guaran-
teed to him by the laws of the land, and he dspcn-
sation of which, is now in your hands,
| Mr.. Ssely and Mr.. Baldwin contcrd.d at Some
length that although there was no legal evidence
of the theft having been committed, let it was Il
matter OF pubic notorlety and part OF the proper
ty having been found in the possessio, of the pri-
soner, it becomes the duty of the magistrate to
commit him.
The question is to be decided by tn, Magistrate
on Tuesday, and we consider it one of great mpor-
lance. Although injustice would in all proba-
bility occur from committing the prisoner, yet we
should be cautious how we establish precedent
which by possibility, may hereafter be resorod to,
to degrade honest and honorable men, whose mis-
fortunes drive them to shores. Justice Hopson
is able and discreet magistrate, and we have no
doubt but his decree will give general satisfaction