Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-14

ForD pprSp
,:,.ps neher treason nor felony. The question then
il whether the act charged is CRIME How IS 10 W
decided If VIC set aside Divine Revelation, II SETTLES "
me that il can only be determined by reference 10 INC
moral sense of men. That moral sense must W
d no from the sentiment of one State or people, oe'
g. tho universal sentiment of mankind and tins UNI
rors, sentiment is most certainly inferred rom lii
rn;yersal laws Of civilized countries For all civzed
communities forbid what they deem 10 be niofay "los
or injurious .;, ! h,r. ,aopt-
:, H. do Inconvenience which may be expected 10 re-
sult from it. you observe: "Thus the citizens St
sylyana and Ohio may enter inc NIfi'o. :: Iii, onr
and commit thousand offences mace cril''hi - -,
laws to the great annoyance and injury OF ysu' ~,
IT r ,bnr hanncn TO be crimes peculiarly affcclhs tc
;nb,b;tanis of n York of grade or characiei 1S
sno recognized as crimes by the uhiVeISii IA" ', u az
vilizcd countries you may in VAIN demand tileii SUI
render You may punish your own citizcns ior commit
49,: ; I,r offences but those of other States who en-.
tered your territory for the predetermined purpose o.
Violating your laws njurng the rights, ana disturbing
the repose of your peaceful ana uhohcnuiiiS County
men NAV fec from your State exutng IN their cr'cs
and it is neither your right 10 aciiahu nor ~. uut
,hor Governor to surrender them for trial and punish
ment Such construction of the clause IN question
would utterly defeat the object OF those wise ana
saGacio,,s statesmen who framed the fcderai COLI
pact, and instead Of promoting peace between '''e
States, would in my humble judgment cnersii
constant stale of excitement and collision between
ther,'' Undoubtedly the principle must be UNI
yersa and must be applied to requsitIons maze oy
this State as well those made upon IT, bul cahho
admit as you pleased to suppose, that mere coud
be thousand offences, even one offence, which wouia
annoy and niurc the citizens of this State and when
sLould not be recognized as criminal by the universal
law of all civilized countries. Neither can admit ta
in cases of this kind the want oil power 10 reclaim u
rtives from Justice would be dcporable calamity as
YOU suppose because in most cases the offender may
bc arrested and punished within the State And as me
81, If is
on but the prevention OF crime, The occasional escape
Of transprcssor would greatly affect the snprc
macy of the laws Nor | admit that It's practical
operation would be unequal in regard TO the citizens
OF the ollie nded State and the citizens Of other States
Both would be brought TO punishment wiiln me l"-
ris,cton Of the offended States, ii arrested therein,
and all would alike go unpunshed if they should escape
pursuit.
Let us now enquire what would be the consequences
of your position BY the laws of this State the FOL
lowing offences are declared to be mIsdemeanors, that
u.s. crimes of grade lower than felony 1hey are mol
crimes of 'great atrocity deeply affecting the pubic
safety, are they crimes pnnishabie WIN ae"'h y"
Imprisonment in the State prison., that they would
moi be subjects of demand under the usage oil nations,
as cxpounded BY Chancellor Kent recognized by
the laws Of this State Petit larceny; ex,ort:ng BY
threatening letters: making conveyances To derahd
creditors: conceament of property by nsolvcnt debtors
buving lands in suit; buying pretended title d'spos-
sessing occupant of lands under pretended process;
Lowing on property under such process racing am
mails court; contempts OF court; malicious Tres
pass ON lands; malicious injuries to fruit trees; sever
ing produce from the SOIL posting another Tor not hight
inc duel; posting another for sending challenge;
re Droaches written printed for not fighting duel;
intoxicated persons administering Incidence cruelty I"
animals auctionccrs lcctng TO make reports trans
acting business in the oi party not Interested
wantonly opening lock ON canal town clerks ne
occ,nn 10 return names of cuustableG; any violation
Of health laws: entering the quarantine ground with
on, authority: keepers OF boarding houses nelcctng I"
report foreigners arriving Ivy sea; tcrrymg without
license selling goods by auction IN violation oi auction
law uuctioncer selling goods except IN the day time
adulicrang distilled spirits selling such spirits:
defacinp ulc stones; cheating at Play winning or
losing than twcntyii dollars IN twenty-i"nr
hours; driver of carriage running his horses ncgi'-
gently suffering fire TO run beyond one own land set
tinn p or drawing lotteries selling or buying tickets
in such lotteries; racing of animals; and all offences
against the laws relating to excise ana 10 the regulation
of taycrns and groceries. Undoubtedly the Lcgisla-
lurc of every of the twcnty-sIx States III the
Union has defined about an equal number Of petty Of
fences Can it be possible that the article Of the Con-
stitution was intended TO establish system OF police
bv which the citizens of the respective States should
al the pleasure Of magistrates of other States he trans
ported as criminals to other States upon charges
tr oifc Of this description; Yet this must be
true, unless in the language oil Chancellor Kent "a
line lie drawn between the classes Of offences to winch
the constitutional provision does and to winch II does
moi apply In drawing this line for my own guidance
1
any rule more safe, LIBERAL or less calculated to
oiyes lust offence than that insisted upon in my former
letter. to w.t. to conne the application of the constl-
tutonal provision to those offences which are forbid
den by the laws of this State, and when the principles
of these laws conflict with those Of the laws of other
States to refer the question the test Of the laws of all
other civilized countries
You observe al do not mean to be drawn into dis
cusson of the abstract gt of slavery or TO urge any
ARGUMENTS AGAINST the right propretv of any nation
Ia Dte
That assure you Sir, with all possible Difference, Is
not with the people of Virginia dcbatablc question:
Upon that subject would only add Irginta Eno'rs her
riohiS aRd ,riN al ell times maintGn them. But when
we remember that slavery has existed in almost every
civilized country since the foundation Of the world that
it was recognized and not forbidden by the Saviour OF
mankind that it was for long series of years recog
nzcd and tolerated by the Legislature of New York,
when its citizens were as "o0d r'r"0nS and r'Sc as try
are nOr that il has existed this State continuously
for more than two hundred years. that still exists in
ono half of the States Of this Union, and that it is
cognzcd and tolerated by the Constitution OF Line INT
ted States, the government OF all the States,
YOU will pardon for denying the claim Of authority
in New York to pronounce the laws of Virginia upon
that subject null and void, because she has thought
proper to abolish slavery within her own domlnons.
am not aware, Sir that in the letter which had the
honor to address TO you, manifested 4 disposition 10
invite you to discussion of the righuness, abstract
or otherwise, of slavery You will excuse me- there
FORE for combining myself within the range required by
my argument, aud from following even as far as you
have led the way into the discussion ola subject which
it is fair to infer from your protest you do not consider
to be necessarily involved in the question under consI-
Iteration.
You proceed to say at true that the offence COM
mitted by Peter Johnson, Edward Smith and Isaac
Gansey is not recognized as criminal Shy the universal
law of all civilized countries They charged with
cioniousiy stealing from John G. Collcy, citizen OF
this State property which could not have been worth less
than some sir or sercn huadrGd d0ilrs. And under
stand stcag to be recognized crime by all laws hui
man and divine. II is freely admitted that the arsu-
mcnt would be at end if it were clear that one hui
man being may be The property of another as It that
stealing is 4 crime On the contrary however, must
insist with perfect respect that the general principle OF
civilized communities is in harmony with that which pre-
walls in this State that not the subjects of proper
ty and of course that such crime exist in countries
where that principle prevails as the teonons stealing of
human being considered as property. ! do not intend
here draw question the wisdom the virtue those
States which establish opposite principle. On this
subject my opinions functionary charged with the