Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-11

and punished by any other jurisdiction than the one
whose laws have been violated And the Constitution
Of the United States expressly declares that he shall be
delivered to be removed to the State having iuris-
dct!on Of the crime.
Ii seems TO me then, Sir, with all due Difference, that
the reason urged by you for refusing to comply with the
demand i'll the present instance, iorsooth, that the Of
fence charged to have been committed not recogniZcd
criminal by the laws of New York, is wholly INSULT
Gent In conclusion, Sir beg to be assured that
whilst with radical difference Of opinion have
rasscd your views with freedom have done with
no other sentiments towards you personally or officially
than those OF perfect good VIII and respect
am Si
Very respectfully,
Your abedent servant
II. l.. HOPKINS.
To his ErceiIency W. II. SxwARa,
Gorernor cf .I"4 York
To his EJceNency GOVERNOR SEWARD.
Dear Sir: In the OF the three colored men,
Isaac Gsnsey, Peter Johnson and Edward Smith upon
hdbs0S corpus, who discharged By me fro.a I'M
prsonmcnt III July August last, the facts ,lcy
appeared before follows:
The keeper of the prison returned that he detained
the prisoners by virtue Of warrant Of of po
lice magistrates. This warrant charged them with be-
ing tug,vcs from Justice from the State OF Virginia
The testimony upon which the warrant issued, was
affidavits swearing to the legal conclusion that they
'iugitlycs from Justice. it also shewn that
requison from the Executive of Virginia had been
forwarded to the Governor Of this State, demanding
that the prisoners should be delivered up TO the autho-
rites OF Virginia
| then examined, upon oath, two gentlemen from
Virginia who were present. One of them was the
agent of the owner of the negro VINO alleged TO
have been stocn and the other assisted in retang the
slave BY reference to the papers before you in this
case you will observe that or both of these gentle
men made the aiidavits upon which the complaint
made in Virginia against the three persons claimed to
be- iugitivcs.
These gentlemen proved that The slave was ship
carpenter employed Virginia in repairing the schoo-
ner board Of which the three persons were hands,;
that after the schooner sailed the slave not to be
found-that they by express reached the harbor of
New York before the schooner arrved-that they went
board the schooner and made known to the captain
their suspicious that the slave concealed board
The captain denied all knowledge of the slaves being
on board and assisted in making search for the slave.
The slave was found on board concealed anongs, the
live oak timber. The three persons were the only
lorcd persons on board
This was all tia, these gentlemen could testify to Of
their own know ledge TO shew that the three had
stolen the slave. As the question involved much feel
ing, permitted the gentlemen 10 prove what had been
told them by others. One or both of the gentlemen
testified that the slave informed them that Of the
prisoners obSrred 10 him (he slavc that he foolish
remain Iirgaia, he cDd get rood ragss north
and that this suggestion induced HIM to away and
sccretc himscfon board the vessel
This all that they pretended could be proved
By any else that showed any participation the
part OF any of the prisoners in the escape of the slave
permitted this kind of evidence not testimony in
the case, but to learn whether there any testimo.
ny in Virginia elsewhere that could implicate the
prisoners the charge preferred and also to learn what
reliance could be placed atdavts swearing to legal
conclusions
] was satisfied that according to the testimony nei.
ther of the prisoners had committed an offence
against the law of Virginia. and that the testimony
y he OF he Dri-
soners. therefore discharged them.
owe your Excelcncy an apology for not sooner
swering your letter. Sickness in my family and
slant official occupation have been the causes
Very respectfully, yours, &c.
(Signcd) ROBERT IL. MORRIS,
Recorder cfMe City Of .'tw York.
GorernOr Of Ntp York to the Lieutenant Gorunor of
lrgni0.
STATE OF NEW York.
Executive Department, Albany, Sept. Ii, 1889.
Sir-Ilaving just arrived in this city, | find your
letter of the Both August last. left Albany the
Both July last On that day and within hour before
my departure, Mr.. Caphart delivered to me the rcQui-
ston mentioned in your letter. did not doubt on :ca
ing the requstion that the offence alleged oga!ns; the
accused was considered BY you "deepsy nercs-
ting the general interest vi the commonwealth OF Ir-
GINA and may add that upon chat ground rs we'll
for the that it the first rcGuisition which
had been made upon NE On such charge, thought
the subject deserved grave consideration. learned
from Mr. Caphart that the accused were at that time
imprisoned in New York waiting my decision on the
requiston, and that tie slave alleged to have been
stolen had been retaken by him and restored to his
ter before the reGuislon G. No particular in
convenience seemed likely 10 result from delay, and
previous engagements prevented my remaining here
to examine The subject at that time.
The affidavit annexed to the requsition and contain
ing the charge against the accused III these words
s.Smtok Borough, to rH:
"1llis day personally appeared before me, II. King,
Justice Of the peace Of the Borough aforesaid, Stale
Of Virginia. John g. Collcy of sad Borough, aid
made oath, that about the 18th instant, Peter
Johnson, Edward Smith and Isaac Gansey, at
tachcd 10 the schooner Roher. Center, present in
New York, did elonously steal and take from the said
Coleya ctain negro slave named Isaac, tie property
of said Colley.
Given under my hand and seal this twenty second
day Of July, thousand eight hundred and thirty
nine Nj. KING, mayor
and j. p. 81. S. j.
las,y pcrusa of this paper raised doubts whethcrit
sufficiently charged felony under the laws OF Nirgi-
MIA | expected 10 arrive at Auburn with few days
and determined to consider and decide upon the snb
jcct at that place. thought 1t proper to specify the
points III which the affidavit seemed defective III order
tina, they might be supplied, if Mr.. Caphart thought
proper by supplemental Affidavit, which from las
knowledge of the transaction did not doubt lie could
make. Lest some misapprchension OF my purpose
might occur directed secretary to deliver to MIR
Caphar the informal note mentioned in your letter. and
to transmit copy of the to the sheriff of New
York to be delivered to the accused. That note
follows:
eALBAsY, July 80, 1889.
"The Governor has received on the eve of his dcpar-
ture from Albany, reqnison issued by the Executive
Department of Virginia for the delivery of Peter John.
son, Edward Smith and Isaac Gansey, iugtres from
justice The papers annexed to the requIsiton are III
respects defective and unsatisfactory. Especially
they defective in proof that the persons demanded
fugtivcs from Virginia, that they are i: this
State The applicant may supply this proof. On the
other hand inasmuch the offence is of grave
character and the requiston demanding the surrender
Of three persons supposed to re citizens Of this State
grounded not IS customary upon the finding OF
Grand ury, but upon brief and some what unsatistac
tory affidavit the Governor deems his duty to give
them an opportunity to be heard before deciding upon
the requisition.
"The Governor therefore directs that copy Of this
note and also copies of the papers be delivered 10 the
applicant and that copies of the lie transmitted
to the sheriff Of the city of New York. who is hereby