Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1839-12-12
NUMBER Al.

the words employed In the Constitution. . .rea,on.
felony, or other crime. are very comp ehenssve"-
" that cipixens Of the State on which the requisision
is msdc. are liable 70 be surrendered. az well as CHI.
teHs Ut the State making the demand-xhat the En-
ecufiye, upon whom the demsnd is msdr, has no Ie.
Eal right 20 reffse compliance, if the offence char
ged is en act OF treason, felony, or othar crime
wishin the meaning Of the Constitution" He then
expresses the opiaen that IL is not competent for
any State, at its pleasure, TO declare an set to be
treason. felony, or crime, 40 rs TO bring IL within
the provisions Of the Constitution and that the
provision srples only TO thoss acts, which, IL com
United within the jurisdiction Of the State in which
the person accused l. found, would be reasonable,
felorious, OF criminal BY the laws oG thar State"
After a Train of reasoning in vtudtcation Of these
novel and extraordinary positions, which | do nss
mean 70 notice, farther than to express the opinion
that IL Is Wholly unsatisfactory ard incenclusive. the
Governor Of New York proceeds TO way, " that there
is 40 law, Of tho State OF New York, which reccgni-
zes slavery,--no statute which admits that one man
can be the property Of another, or that one man
can be- stolen from another, and that the common
law, which lsin force in New York, does not recog-
rise slavery, nor make the act, of which the parties
are accused in this case, either felonious or Grim
nal" lie therefore concludes that the offence 10
no, a frion, nor a crime. within the meaning Of the
Constitution" and he refused to surrender the per.
sons charged,
| have thought IL proper thus, succincily, and In
his own language, to state the grounds on which
the Governor Of New York has refused to comply
with the demand made upon him, in order that the
General Assembly may clearly see the whole extent
of the startling and dangerous doctrines btcschsd
by . high functionaty, to whom IL entrusted the cx-
ecutinn Of nne OF the fnost saluiary and conservative
provisions IL the Constitution. The construction
he has put upon the clause Of the Constitution, con-
tanning this provision. Il one that cannot be scqui.
csred in, or submitted to. II persisted In, and as-
ted upon by the Northern Sia,es. II must disturb
Tho harmony and amicabla relations heretofore 20
happily existing between the Sia,rs, snd " main.
tanned by only one single State, Il must make that
State 9 refuge for all the felons and criminals Who
fee from justice in any Of the Southern States, altar
ommittin here, crimes the most destructive 20
their property, the most dangerous TO their safety,
and the most odious TO their laws. n the Cover.
nor of Now York IL right, he 10 bound not only to
project those Who steal our slaves, but thoas who
inci'" and ussist them to phscond from their mas.
tiers, those who by scditious speeches and writings
stir them up To nuke rebellion or instruction. Of
persuade them that they are illegally held in hos.
dagc, and may lawfully resort to oil means nccesse~
~ 10 I'D themselves OF is yoke.
Under the sanction Of this now reading ofthe Con-
stiiution, The iuoendisty Abolitionists may send their
missionaries and einisssties into the Southern Stares,
secure Of protection and immunity, if they can ~.
cape detection until they reach some State whose
laws do not recognize slavery.
Such an Interpretation OF the Constitution, Is In.
compatible with The rights, and destructive Of the
safrty NJ ol tie STATES nplGipg slhfes. lSone o. tho
fanatic doctrines, or disorenniring practices Of The
Abolition.sts, are 80 well calculated to sndangsr the
security of our properly, or 10 jeoperdizs tho trsn-
quih,y, and hazard tie dissolulion Of tho Union. IL
10 impossible thst the Union can continue long. IL
III he opinion should be grreraliy adopted BY the
4 Sfnies, where there sre no sltves, that our laws, ~
cperiziag the sxistrncs Of slayery. ard If property
~ slaves, sre ret 10 b. regarded 10 exscptfng the
Z ~prorjEsar - shr Constitption fer she sunxs1ax III
f~1ritisrs from juffice.
II any canhrffetiDn were wanting. af the proper
interpretation of the Constitution, on fhis subject, 10
would be ahundantly found. In q reference TO tho
known condition Of the States Of the Union, In ~
gard 10 the institution Of slavery, ut the tims VI the
adoption of he Constitution.
In more tl,sn one.tslf. certainly, and perhaps In
nearly all the Staies, n, that time, ard In The State Of
New York i,s.if, the institution of slavery existed.
The right Of property in slaves was known BY oil TO
exist, and there IL no question, In Ill the slave.ho.
ding Slries. there we're statutes, runishing any In
reference with that recognized right Of property. o.
with The masters authority and control over HE
slaves, full ne severely as our laws now do. IN ehts
State. az early as 1893, our laws made the stealing
ola slave a capital felony. The parties to the CONSTR
in,iDnal compact, entered into the Union with full
knowledge Of each others domestic institutions, in
this respect, aud formed this close and intimate uni
on, and made provision for their mutual security
and protection, 10 reference TO these known exiAting
institutions. When, therefore, in tho same article,
ard same section Of the Constitution. IL was pro.
vided, that fieitiyes from Justice, and fugitive slaves.
should be delivered up, IL 10 little less than absurd
10 suppose, that while the slave was 10 be- deliver
ed no, the criminal Who aided him to abscond, was
TO I've protected from punishment; and that, sltho'
The r. Ion Who stole n yard OF brondcloth might DO
demanded, and there was no legal right to refuse 10
surrender him, the felon who should steal, or felo-
nionrly carry away a negro slave, was 10 DO protsc-
ted by any State in the Union into which he might
Gee.
C.1 ,t.t 4 n... ..~s as pnIor fF a1draaalaR
any thing In the way Of argument to you, for the
purpose OF exposing the unsoundness and fanacy Of
the construction assumed ard acted on by the Go-
vernon Of New York. IL is very much to be dcplo-
red that when The excitement Of the public mind in
the South. justly caused by the understandable as
sanifs upon our institutions and our rights ny orga-
nized societies in the States having no slaves, wss
beginning TO sub;ide. that the Executive of so pow
| crful and influential a State as New York should
have adopted u construction Of the Constitution
which has induced him to disregard one Of its linz
perafive requisilions, upon grounds so we'll caculs~
led 10 inspire the infatuated AboIitionists with nov
hopes and fresh zeal in their unholy crussds q
gninst our properly and our peace, and at tho same
time 10 assure them Of immunity and protection
from responsibility for the violation Of our laws.
But this question has boon raised in . practical
form between this State aud New York, and be-
tween Georgia and Maine. And il bsbooyes Us TO
meet IL al once and TO insist upon our rights n eve
~ hazard. H. is the duty Of Congress 10 remove
any ambiguity. If there be any. in the laws made to
carry into effect, the provisions Of tho constitution
for the surrender Of f~ugitiyes and ifthers BE- no de-
feet or anbls city in those laws, TO provide for the
prompt and faithful execution OF them, BY conhdiDg
The execution 10 those whose Interpretation Of their
| d,ny is consistent with our rigbts and tha behesfs
of the Constitutions. Ifrcdress for these wrongs
and security against their repetition cannot Be pro-
cured Ia either Of those modes, il viii behoovs the
General Assembly TO consider whether their own
legislative power viii not furnish means Of securing
the State against such fragrant invasion Of their