Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-30
KENTUCKY LEGISLATIVE.


From the Frankfort Commonwealth, we gather the
following particulars in relation to the Proceedings Of
the Legislatures
In the Senate, on the 9th, Mr. Jesup, from seec,
committee reported bill 10 repeal an act entitled
act to amend the law TO prohibit The importation of
slaves into this State, approved Feb. =, lS', and for
other purposes The bill committed to n commit
tee of the whole House. and made the special order o.
the day for Tuesday week last
Mr. Wicklife, from The Committee on Federal Rela
tons, made The following report:
The Committee on Federal Relations TO whom was
referred the letter Of the Governor If the iih Of De-
cenber lSi0 communicating To the Senate the letter
of his Excellency the Governor Of the State of Vr
gnia to the Governor Of Kentucky, bearing date the
18th day Of November, $780, also, another letter from
the to the bearing date the d day oi Octo-
Der, l-l0; commun eating preamble and resolutions
passed by the General Assembly Of the State of Fr-
gina, aforesaid, the 18th of March, le40, relative to
the demand BY the Executive Of Virginia upon the
Executive of the State Of New York, OF the surrender
ofhrce fug,tives from nsce have had the same under
consideration, and beg leave 10 report:
That satisfactorily appears to your committee that,
BY law in force in the State of Virginia the time,
and rnr before the comm sson Of the offence charged
it was made felony TO steal slave within that SLATE;
nd that, in violation Of that law, Peter Johnson, Ed
ward Smith, and Isaac Gansey, were duly charged,
agreeaby TO the act of Congress- with the crime OF f
lony in elonously stealing and taking away from Jno.
e. Cnlley. certain negro slave, Qsaac,) the property
Of said Coey, &c, and that they had fled frcm JUS
tee in the State of Virginia into the State Of n York;
and, being so fugitive, were, in due form of law de-
manded by the Executive of Virginia Of the ENecu-
tive of New York, under the second section Of the
fourth article of the Constitution of the U. States,
with which demand the Executive Of New York
refused comply, alleging that there was no law of
New York making it felony to steal slave, and the
III the United States did not authorize the
demand except in where. by the laws of nations,
fugitive would De surrendered al and before the date
Of the Constitutions or, in other words that the Con-
stution of the United States gives additional rights
or claims States whose pena! laws are violated than
would he allowed TO them by the comfy between indie
pendent sovereigntes.
Against this novel, and, your committee believe,
most dangerous doctrine of the Executive Of New
York. the Executive and Legislature of Virginia have
appealed TO the Judgment of her Slaveholdng Sister
States and invited them to express their views upon
the subject of the controversy between the Executives
Of the States of Virginia and New York.
Your committee, after duly considering the point in
controversy aforesaid, have not been able 10 dis
cover any excuse, much less justification, for the
think that this construction of the second section
of the fourth article, not only violates the plain
and declared intention of the Constitution but would
make the section altogether useless. BY that ar,i-
Gle and section Of the Federal CONSTITUTIONS it IS
provded That person charged with treason, felony
or oher crime who shall flee from JUSTICE and shall be
found in another State, shall, demand Of the Exc
cutve authority of the State from which he fed, be de-
livered up to be removed to the State having uisdc
ton of the crime Surely the Executive of New York
will not contend that the several States have the
right to enact their own penal laws, and TO define what
shall be the appropriate punishment of every crime.
If the States have this right then by what rule does
lie in the mouth of the State authority where the cuprt
shall flee to- TO answer that because New York has no,
thought proper to make her laws Ike those o. Virginia,
that New York will harbor those who have committed
crimes against the laws of Virginia within her sovereign
ty and jurisdictions Can any impartial judge read the
Constitution To mean that the fugitive shall not he
judged by the laws of the State that lie has broken, but
the laws of the State to which he fies'-Were this
true construction, them indeed, might State, by abro-
eating her penal laws, virtually destroy those of other