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

surrender a citizen of Neg York lie thus cnumeratcs
them:-"I cannot admit that the science Of jurispru.
dence is as imperfect and vague you suppose The
principles of amora law written BY the hand OF
God in the hearts of men-the light of Revelation
brings them out in holder relief and apprehend, that,
OF examination of the common law, the civil law, and
the statutes of all civilized and christian countries, 1t
will be found only that murder, treason, arson,
burglary, forgery, perjury, rape, incest hgamy, and
the like, crimes, but that they neither "lesser
faults nor ordinary transgressions; while adultery,
petty stealing bes, trcsiasscs upon lands and the
ike not regarded 'crmes of ggea, atrociiy or
deeply affecting the public safety
This enumeration is supposed TO contain the list OF
offences which the Governor Of New York would feel
warranted by the laws If his State or by the 'unver>al
law Of all civilized countries in recognizing as crimes
within The meaning of the Constitution. lie has DIS
tincy admitted that there crimes for which lie
would surrender fugitive; and 1t remains for him To
show that the offence charged in this is eAcep
ton from the constitutional rule winch he deems
prchcnsive enough Ia embrace many others. II IS
sng,ar that lis Exccllcncy has omitted h,tf rs one
ii those offences recognized as CRIME BY the laws 81
hs State o, by the "un,yersa law Of all civilized coGn
tres. One If the ten commandments IN which tai
civilized countr,s profess 10 recognize "thc hand 81
GOD and ie gsi Of revelation, is IN these words
"Thou shalt not stel." While "pct,y stealing is
cited Of the mno- offences under the "common
law the civil law and the statutes Of al civilized and
christian countries, az net informed b. the Co
vernon oil New York how mLch or how little fclon
may be allowed II steal before sis Eycrency would
II is a question more worthy Of beng considered ny
casus,s than statesmen how far the Irora guilt of the
offender is affected BY the amount of tho theft, and
viii undertake to decide whether IS t"e science
ii Jurisprudence, or the distinctions OF ms Excel
lency which are "mpcrlcct and VAGUE. s'icii not
attempt 10 prove that theft is 'sfony or crime with
IN the meaning Of Ike Constitution THIS Iay b. as
suned in Virginia, i il IS not conceded hy The 'nn-
yersal law If sail civilized countries; and II only re-
mains 10 inquire whether stealing a slave IS theft
O., q of
They are recognized such by the Constitution o.
The L. s, and the master is authorized 10 assert and
recover his property in his slave IN tie State oil New
York They are recognized as subjects oil properly ~
act Of the Ne.. York Legislature, passed May &, leio
is follows:
AZ the finding Of The jury be in favor cf the claim
an, upon al the matters submitted The court o! "incer
before whom such hcarin. shall have been had sheii
grant 10 suci: claimant certificate, stating that II hay,
ing been taund by jury Tint such fugitive {" no sta
be particularly described n such cerlicael dolh owe
service labor To the person claiming he same uhder
the Laws Of some other State tie mon, (nanilng
src pcsan and tie State under whose laws such ciaiii
is ssained and that such fugitive escaped from sueii
State into tins State and thereby allowing sGcl per-
son or his AGENT Is ho shall! also he named ~ such g..
iicate) 10 take such fugitive and convey h'm - Tue
State from which he fed; which certificate shall au-
thorpe the person receiving the 10 remove the
luotlve therein named, without any unnecessary &C.
!ay through and ~, Of hs State, on The direct fouie
! IL the State irom which nc FED
The terms here used rs descriptive OF thc slave an"
,hc rirh.s oil the master from whose service ne may
have escaped, are the those employed III tie
third clause ri the second section Ct Tie "nrl art'e
a The Federal Constitution !; vi! not ae denien ta
No, refer In slaves within the State al New ork,
Who ..owe service or ahonr 10 those claiming them ~
nroperiy under the laws OF some other Stale inc
Governor Of Now York says, "Fot tie purpose OF APP
plrin principles he laws NJ na'ons) 10 the case
before me- showed that the laws IT tins state New
Eor.\ In ~ III
- The property OF another, and consequently thai meg
did not admit the possibility that cne man could hc
stolen from another. ! assumed that The laws oi ia's
State larmon,zed all respects with tile UNIVERSAL
las, If al! civilized countries and maintained TINT the
case presented III the regnisi;on not included
among those in which, b. the law ." nations Tisht
10 demand and obligation to surrender, existed De-
tween independent and sovereign states, and conse-
Gtcntlr rs an inference from these positions, that Il
was not case within the meaning oi The Cp:s'ItGtion
The statute Of New York which has tcen quoted, and
which vas passed after this particular snbeci Ind oec
communicated 10 the Legislature and referred 10 ore
If lis Committees is certainly considered " the S"-
vernon rs ono Of the laws Of The State, aud Il il should
nnt ike previous similar act on the same subject he
onnnlied as unconstitutional by the Judicial power, T.
will continue BE- regarded by the citizens as well
a. the Governor of " York Though this act was passed
with the evident intent to hinder and delay, II moi 10
defeat that Justice which tie Federal Constitution
Ind prescribed for citizens Of other States, aud rs
validity is therefore questionable, there has never
been period is believed for many years, whe: laws
werc not 10 be found in the code # New ork distinct
IL recognizing, this act docs, the right o! the master
10 his slave as property within the territory ana Jnrs-
dict;on Of that State. Hos ttcn, does iir o"vefno.
Il e, that the laws az his STATE dad not admit me PR.
chile that one person could b. the property - aaGs.F
I'pan what principle slaves surrendered ~ the
Io Of That State on the claim Of their masters Il I ~
property The Governor cannot, or lis own pnnc,P's
consider them ssrgitiycs from justice, surrcnd'r'"
under The suniversa aw Of all civilized countre1 :
Tie law Of lis State provides that ihcy shai! Oe sur
rendered as fuaves who owc service or labor 10 tie
nors,n claiming the same" They are ihcn property
under the laws ana within The State Of New York and
the arne. is authorized 10 recover aud remove mem ~
such 10 tie State where lie resides y IS grnrra!' IN
dr-s.ood b. SHE universal law Of all civilized cnnn
,rcs and of course, presume, by that Of New i.r
ha where right of property exists l'galr, i . hcit -
steal such property and II wi! scarcely LSaana'n'd y
the Governor, that when fugitive slave had srch ~
indeed 10 hls owner under the laws o, y icrkit woul,
he among the saction. in themselves harmless or eFt'
rous for citizen Of that Siar, even wthh ~ ai's =
steal such slave. IT he's been but ie" years sh"e "a
cory existed rs one If the domestic institutions 81 c'
York. was the stealing slave then regarded as one
osc .constructiyc ftonies created by law, and nvor
ny no moral Guilt, conraycnng none OF TIC PrhePe
o. moral Justice, and exempt from ccnsure by the UNI
: yersal law Of civilized Stairs:
ii is shewn then, that 'thc principle that one pee
son can be the property of another has been and st
j. recognzed by the statute laws Of New ors, as We
, - by the Federal Constitution. This principle Ina
= been recognized BY most ancient and modern govern
mcn,s OF lie world, and is now recognized by ever
IL ;;,a,e IN our Union. | confess, then, that am at
Il loss to perceive, vha, rule Of civil poty or politics
n Justice the Governor Of New York a!lodoS 10, when "
speaks Of law all civilized countries Al
n rop nd il would be difficult 10 point out those ciVze
!, cann,res Of Europe whose governments have not,
l. Their by their immediate laws, in their foreign in'e
cour.: acknowledged ic principle that person =
Il be the property oanoter The sacred Bible rrafde
By a civilized countries as "the Ugh, Of
( and besides the denuncations Of theft which il contain
il admits the principle that ''one person can ." Inc pr
$ periy Of another. ..,,;.
!, ii, however, all tie instances and examples vino
!, ,va been cited. are supposed BY the Governor Of Ne
Of York, to he Beyond tie line Of civilizations nc wi!i sur
If y admit that lis State may be excepted rom g. g
acrnl an exclusion and II the statutes ;Fhch i : /
duty to see faithfully executed eoncede the pEncrie =
Is yb;.h we contend, he should acknowrfg. theI
n lhourh he denies tic laws and Constitution Of II
" neJ States a. authority the question 1t will
he he argued. that the statutes Of New York, acSno'
u. al. -fnr n