Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-08

-. .,ptve itself MtutO Tue lSlIIlCllp N'"NN' -
f,,c remedy, for restitution of property, ana puohc
ina, CO. which seeks to punish the thief who steals 'na'
nroper,y. The right of property Is admil'ea ~ o"e
Instance and denied in the other. The slave s'o'en y
surrendered into bondage, while the th'ei IS eo'e
By the panoply Of State sovereignty, because s"'e'9 I"
unknown to the laws of New York ~ No..
The Governor Of New York remarks, that mis- "
the old question which has agi;ated the country since .he
foundation of the Constitution, concerning WHAT ~
beeo surrendered by the States, aud what hs peer
retained. mus, be permitted (he contlnues) 10 eS-
press, with all due Difference, my belief mat II 'h'sq ues-
ton had arisen in any case, mol supP"seu " y
peculiar interest OF Virginia, that State wouia na'e
been very unwilling TO MAINTAIN a construction VI 'e
const;tui;on which. if il is not altogether misunder-
stood on nv part, is incompatible with the true ois.
nifty and sovereignty OF the states uoe"'"e j."
State sovereignty, as held IN srsih,a' % " nv 80
incompatible with the idea, that States, as well as IN
diyiduals. are bound by their compacts: on the con-
,rary, il is when powers not granted 10 the reue-
raj Government are exercised, or rights secured ny
the Constitution, arc withheld, that the ihhereh. nhu
inalienable rights OF the States are resumed IN .heil iuii
force. for purposes of self. preservation against violations
OF their compact. If Virginia could believe that me
mower in question had not been granted; or lhat Inc
Constitution had been adopted by the States win view
to include al! cases of .felony or crime, but that which
in itself and its consequences was most dangerous to
rights which she held IN common with all the states Dut
one, u, the period Of its adoption; if she had agreed TO
surrender her sovereign right TO regulate and to protect
her own domestic institutions: and had stipulated That
the citizens of other States should be permitted and en-
couroged to depredate with impunity on her property,
she would not, as she does not, now ask t." impose any
new obligation on n. York. She only insists, that N.
York, as well as herself, shall be bound by the compact
which exists between them. The principle OF sove-
rcignty does not exempt n State or 4 nation from Tue
obligations Of n treaty. How, then, can u excuse inc
violation of Constitution, in whicEeach ota'c assnf-
rendered the power to treat Will aho'ner: Inc NO
vernon of New York confonnts The rights, as well as
the uses of original or ultiirdte State sovereignty, with
the expcdicncy Of arbitrary violations OF a PLAN con-
pact; and il 81 is to be regretted that The sovereignty o!
SO powerful a State as New York IS invoked Tor Tue
first time TO extenaate THEFT, or 10 silielo tnGlliVes from
justice.
II is not denied, as the Governor of New York asserts,
that there ars Offences for which a citizen wonld not
be surrendered. 1t is singular, however, that the term
felony or other crime used IN the Constitution, IS
qualified by the word IS offences in the attempt which
IS made to establish the principle that there may be ex-
ceptions TO the general rule. The question continually
recurs, whether the fact charged in this instance is
within the rule prescribed by i competent and para
mount authority; and this question, ii is conceived,
cannot be decided By reference to other cases which do
not Exist, and may never arise. The instances in which
the Governor of New York supposeS that innocent or
meritorinus actions nigh, be declared crimes, do not
affect the argument IN this case, unless 1t can he shewn
that this is one Of them, and like the illustrations OF the
plain letter Of the Constitution from supposed analo-
gics Of national law, they eyince a misapprchension OF
the grounds on which this question has been rested,
and imply a distrust Of the justice, good faith, and &c.
neral uniformity Of the institutions and modes OF trial
in oil the States. Is the refusal to surrender the fug,-
lives in this case justified b. the supposition, that other
cases might arise in which no demand would he made,
or where a compliance would not be expected: If II
IS she wn that theft is a g felony or crime, and that
stealing a slave is theft within the meaning of the Con.
stitution, | submit whether The case IS no, made out.
do not understand the Governor Of New York rs
relying on any supposed deficiency in the mode OF pre-
ferring the charge in this case: indeed he could not
low do 50, after having in his correspondence with the
lteutenant Governor distinctly waved all such oh'pC.
lions, and protesting his readiness 10 meet the broad
question Of his obligation to surrender the fugltlves.
Whether the slave in this case was removed ''animo
furandi," or for any other unlawful purpose, it is equally
4 crime under the laws o. Virginia, and within the pur-
view of the Federal Constitution.
IL is said, that in the view which has been taken Of
this question on the partof Virginia. the personal secu-
rity Of the citizen has been overlooked. Ii has been
generally considered, in "all civilized countries, That
the personal security Of the citizen could not be more
eiiec,ually protected than by the punishment of crime,
nor more fatally exposed than by lis lmpunitv or en-
couragcment. The personal invi"lah,liiy Of Inc f.lon
is incompatible with the safety of society. This IS true
with regard 10 municipal laws, and laws regulating
the intercourse Of States or nations. The fueiires,
III this instance, are demanded for trial: and does the
Governor Of New York take 1t for granted they
are guilty, or does he distrust the criminal justice
Of our State: The Constitution of the United States
prescribes that In all criminal prosecutions, the
accused shall enjoy the right TO 4 speedy and pub
lie trial by an impartial jury OF the State and DIS
trict wherein the crime shall have been committed,
and To be informed of the nature and cause of the
accusation, to be confronted with the witnesses against
him, 10 have compulsory process for obtaining wines
ses III his favour, and TO have the assistance OF counsel
for his defence" The innocent, therefore, can have
nothing 10 Gpprehend; and is Il the security OF the gull
" alone which cXclicS The Governor solicitude. Their
impuni,y is The consequence ofhis doctrine, and are we
10 he told that this is paramount 10 the security Of all the
slaveholdingS States: Is il true that no slaychclding State
can enact any valid penal lax, or inthct any punish
peni in reference 10 the security Of their property, En-
less such law aud such punishment is recognized cxpii-
city bv the statutes of New York: If the necessary
and usual Intercourse is to be maintained between the
States, the rule established BY the Constitution must be
enforced, or some other must be adopted which Will
guard the slaveholdingS States from the consequences Of
the positions now assumed.
The Governor of New York has taken great pains 10
shew, that there ~ an Irreconcileable repugnancc be-
tween the condition and laws Of the States holding
slaves and those holding none. This Is true, if his
views are correct, or II the Constitution to which we
appeal shall no longer furnish the measure Of our re-
srcc,ive rights and obi, cations in regard 10 questions
where collisions may arse. If the security Of our do
nestle rights does really depend on tine legislation
Of New York, or Oh the caprice ofIls governor, the de-
fusion of our compact has been complete on our part.
When We remember The pcrseycring and systematic ct
ferris which have been made By citizens of other States
10 excite p~rejudices against our institutions at home
and abroad, and the right which has sometimes been as
serted to control them, through the direct or indirect
agencies of the Federal Government, the positions now
maintained fur the first time by the Governor of a State,
are well calculated 10 command the a alton Of every
American patriot. Hitherto, declarations Of undis-
guised hostility 10 the rights and interests of the
slavehnldina States, have been made only by ,ndivi-
yiduals or private associations; and however deeply We
may have deplored their infatua;ion, er d~cspissd their
,inpo'ent malice, they have not been dcriaed worthy Of
the resentment Of n State. But when 80 arc told Of
the high authority of the Governor OF y. YORK, that our
rights of property are so imperfect As NJ, 10 he the Ssh,
icct Of theft, when It is broadly insinuated that they arr
obnoxious to the censurc nf the civilized world: when ii
is boldly proclaimed that we are under the ban vi the
Constitution and Of nations, ii IS time TO vindicate the
tenure by which, as 4 State, we hold our Just and equal
rank with States. 1t is in vain that VIC attempt 10 close
our eyes against the evidence Of designs in our own
country and in Europe 10 disturb rights which we claim
as peculiarly and exclusively our own. | have re-
ceived, un 'er the frank Of u member Of Congress from
The State of n. York, the proceedings Of a meeting in
London, composed partly Of American citizens, and
styling themselves "Ths Worlds Convention, seek-