The Madisonian., 1840-02-06

equal number Of petty offences. Can il be possible
that the articles Of The Constitution was intended 10
establish system OF police by which The citizens of
the respective Saies should, al the pleasure Of Ma
gslraies of other States be- transported as criminals
10 other aies upon charges for offences Of this des
ciipion Yet this must be true unless ia The lam
guage Of Chancellor K~ri, "A line be drawn between
the classes OF offences 10 which the constitutional
provision does and TO whch.l does not apply. In
drawing this line Tor my own guidance in lhe yer
else Of this power, | have looked in vain for any
rule more safe, more liberal or less calculated 10
give just ofence Than that nsiSed upon in my for
mer letter, 10 VIII Ia confnc the application of The
institutional provision 10 those offences which are
forbidden by the laws Of This STATE; and when The
principles OF those laws conflict with those Of The
laws ui uhe. States 10 refer HE question 10 the test
OF The laws OF all oher civilized countries You
pTocee lu say Is iitrue thai the offence committed
by Peter Johns m, Edward Smith and Isaac GanSev
is n,d recognised as criminal by lhe universal law
of all civilized countries They are charged with
fcioniohSig Stealing from John G. Colley a citizen
OF this State, f7opcrfy which could not have tren
worth less than some six or - ven hundred dollars
And understand stating II be recognised as crime
By all laws human and divine is freely admitted
that The argument would be al an end il il were as
clear thai one human being may be- The properly of
another, as II IS that stealing Is crime Onthe
trary, however, | must insist with perfect respect
hat the general principles Of civilized communities
Is IN harmony with that which prevails in this State
that men are not the subjects Of property and oi
course that no such crime can exist in counties
which hal principle prevails The eluniouS stealing
OF human being considered as property do not
intend here % draw ia question the Wisdom or the
virtue OF those States which establish an opposite
principle. On this subject, my opinions as a func-
Iionary charged with the execution Of lhe laws are
as unitnporant rs the subject is foreign 10 dis
eussion Il would presumptuons, il not dScourc-
Gus, 10 intrude them upon YOU
subs rib5 fully 10 The principle that il IS OF tie
essence o sound construction that the Obligations OF
fha m tgn. hunk 10
and equally 10 all the States and their citizens re-
Speclivey Such uniformity and equality, permit
me 10 say, cannot be secured il any State can ex-
tend he operation OF the provision al It's pleasure,
BY making that criminal which is not prohibited by
he laws OF other States, or BY the universal laws OF
civilized men,
In conclusion hope | have not been unsucccs-
lul IN showing that the principle have adopted, is
IN perfect harmony with the law Of nations rs adopt
ed BY the Legislature Of this ate, as laid down
by Vatlel, aud expouuded BY Chancellor Kent, and
as most sale and proper IN reference o the rights OF
citzenS ana The harmony Of the Union While
I'm required BY the Constitution 10 deliver up any
fugitiveS IRON justice who may be found in this
State, charged with having committed treason, elo-
ny, or other crime, in any other State, am also
bound as an executive magiSrae, 10 respect The IL
berry, and protect The rights OF the citizens OF this
Stale.
admit that the Constitution of the United States
is paramount in This respect 10 the laws Of both
States, and The word crime there employed has It's
meaning independent Of the Legislature of either or
bo,h STATES Tie charge YOU prefer against three
citizens OF this Stale, although felony in Virginia
imports no crime in This State. In this conflict OF
legislation b.twecn The two States have endeavor-
ed TO refer TO the only rules BY which, in my iudg-
ment, the Constitution can be expounded The
meaning OF the Constitution being thus aScertaiped
II seems my duty 10 decline To deliver The ne rsoDs
you demand 10 be carried out Of The pr ectit.a Of
The State Of which they citizens, and tried for
the offence charged upon them"
Now, Mr.. Speaker, you have portion of The ar
sumcnt and you have The line OF conduct pursued
by Governor Seward the tone and temper Of he
argument speak for themselves, and are worthy all
commendaon. And | submit 10 gentlemen that
neither IN The argument or The line OF conduct pur-
sued, any evidence be found OF hostility 10 the
South ar Southern institutions? And | would
further submit, not TO State Righks gentlemen only
but 10 every gentleman opposed 10 consolidation in
s worst form, and friendly 10 The sovereignty OF the
States and The protection Of the citizen, secured only
by an assertion OF that sovereignty whether Gov
Seward could have acted otherwise than he did, in
the case before him, without having forfeited all
claim 10 the station he occupies2
Again say 10 those desirous of giving repose to
The country, and friendly TO the perpetuity of our
Government, look al the array of distinguished
names furnished by the gentleman from North Caro-
lima, (Mr. Stlny,) during this debate, arranging
themselves on different sides Of this question: with
out reSord 10 political Classification, and then suffer
yourselves 10 be disablls d.
10 the class If minds 10 which appeal, would
say you have made, and are aiding in making
wrong issue, one ca culacd TO place gentlemen from
The North IN falls position.
On subject OF This magnitude, the language OF
PLAIN sober TRUTH however unpalatable is the only
language which should be used.
therefore say, that slavery, wherever il EXISTS
operates practically as political curse; Of
dency in higher and more important aspect, /
speak not.
That confederation belongs more appropriately 10
ano'ner place ana 10 support q my proposition lei
me refer IL TACT which beg Southern gentlemen
10 look at, and well consider. Al the adoption Of
INC Federal Constitution on The seventeenth day OF
Sepe nher 1857, Virginia, the mother OF States was
enhled to ten Representatives, and the State OF New
1oiN 70 oa' Stf. vIrginla has been under the ope-
raiion oi slayery-New York has been mainly freed
from IT, and how stands the comparative ratio of re-
presentation al this day2 New York has forty mem
bers on this floor, while Virginia has but twenty
one. AND yet compare the Two States in any other
respect IN extent OF territory, Virginia surpasSes
New York. in point OF soil, Virginia was orioin-
ally even better wheat growing State Than New
YORK she IS penetrated by navi gable rivers and her
haioofs remain lor9 unincumbered with ice; she
has genial Southern cline while we of New
York, inhabt Il rock bound icy realm from whose
mountains inpend the everlasting glaciers and
whose valeS are filled with frost and snow; and
whose internal commerce and intercourse bat tor
the orhfct0i means which the enterprise and indus
Try vi ber fliiHtns have furnished, would remain
suspended during six months o the year; vet hilst
our representation has multiplied seven times YOURS
VT Speaker, has but doubled. Did time permit,
might a'so refer 10 Missouri now some twenty
yeafSa member OF me Federal Union and having but
TWO representatives upon this floor A Stale larger
even than the mother of States, possessing virgin
soil, rich in mineral wealth, and cut in all directions
BY waters unobsruced By The lrosls of the North;
ana ye' IN comparative progress Of population, far
behind her Northern ghbors of the Territories of
this Republic. Sir, will not press the argument
arising from facts like these they are pregnant
with meaning, and leave gcntleren 10 their own
Interpretation of their meaning
| know well that slavery was thrust upon YOU
against your will and in The face Of earnest repeat
ed public remonslrances addressed to the British
government; but that does not change lis political