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

10 their rights as coniederaed States.
Resoired That the Executive Of tins State cause
copies of this report and resolution 10 De
the Executive of Virginia, with request th1t NC iay
the same before the Legislature
From The Wen York Erenng Pe.tl
The controversy between the Governor Of Virginia
and The Governor Of New York, in relation TO the de-
livery of persons escaping from one State mo aho'el
TO avoid The penalties of the law, very serious one
and if not udiciousy settled may draw after II ''e
most inconvencnt consequences From such reiec-
ton as we have given the subject are very much
inclined TO think that Governor Seward in the wrong
we rive in the communication which follows, con-
densrd examination of the grounds taken BY HIM in his
correspondence with the Executive Of Virginia,
For the Ecening Post
Tho controversy between tine Governor Of New
York and Virginia, has given occasion to great deal
of correspondence between those funconares Dnt II
does not appear have interested the public IN pro-
portion to its intrinsic Importance The time may
come however, when we shall all attend 10 Il as To
something which nearly concerns ourselves. 10 FIr-
ginia the subject is Of the utmost Importance and
whatever asitaes Virginia, must TO some degree affect
every other State OF the Union, intimate are our re
ations with each other. IL is not less our interest Than
orr duty to study this controversy, that may not sui
FER the Governor needessly to embroll US with another
State.
The facts are these. Virginia hasa law older than
the Revolution making IL felony TO steal slave from
his owner. Three IN New ork are charged
in Virginia with having stolen slave from his owner
al Norfolk some three years ago. Inc Governor
Of Virginia demands the crImna!s-ihe Governor 81
New York refuses TO surrender thcm on the ground,
that stealing slave from his owner is not crime witih
the meaning OF the Federal Constitution. lie holds
that "crme within the meaning OF the Constitution,
is one recognised by the laws ol the State TO winch the
offender has fled, by the laws generally prevalent
among civilized nations.
The Constitution proyidcs, Art T. Sec. , as follows:
81 The citizens of each State shall be entitled to all
privileges and mmunes OF citizens in the several
States
So person charged in any State with treason, tro-
n.y. or ether crime, who s!ail fee from justice, ana De
found in another State, SHALL on the demand OF the
executive authority Of the State from which he fed, be
delivered up 10 be removed TO the State having Juris-
dicton Of the crime
ss3. No person held service or labor IN one State
under the laws thereof, escaping into another, shall! IN
consequence Of any law regulation therein, he cis-
charged from such service labor but shall be delivered
up claim OF the party TO whom such labor or service
may be due
rive the whole section for the purpose Of showing,
not merely the particular provision concern ng the de-
/ livery Of tugtvrs from Justice, but the context.
Now, under those provisions, MAINTAIN that tic Go-
1 Of New York IS bound Ia surrender those nc
cused persons the Justice of Nsrglnlu In tue view
take OF the matter, the duty of the Governor OF New
York under the Constitution IS in no degree dependant
the question, whether these men are gnity OF NOT
Their guilt innocence is TO be Judged, not IN New
York but in Virginia. II is an essential attribute OF
soycrcianty that each State should make and admins
ter its own laws The courtesy of nations, and that
perfect courtesy, and more intimate union tnat
binds together the American States, US TO pre-
sumo that each State will act uprightly and do justice
Nor do embarrass myself with the question, whether
the charge against those is sufficiently made out,
4 in the paper presented to the Governor must as
sumo for the purposes Of argument that Tue charge
sustained by proper evidence. Governor Seward de-
MES the obligation surrender, assuming the charge
10 be made 1t is upon this point, that purpose
to examine his opinions. My shall be gwen in
the most condensed form possible.
7 l. The fair import Of the language requires the TO-
vernon 10 Surrender those men, They are charged IN
Virginia with crime, according TO the laws OF that
State But says Governor Seward, II must be CRIME
according the laws Of this State, or according to the
laws generally prevalent among civilized nations IS
II not PLAN and conclusive answer that there IS no
such qualification in the Constitution: crime Is an
offence against the laws crime IN Virginia IS an Oh
fence against the laws of Virginia. Her Legislature
makes criminal what acts it p eases y person charged
with those acts, IS person charged WIN crime IN
i Virginia
i 2 ANY other Interpretation leads to absurdlties.-
The two explanations of the Governor are inconsistent
II with each other. ii 'crime means crmc III the
State which The person had fled, then the Consttn-
tun would require OF The Governor OF one Stale what II
did not require of another aud different duties from sue
cessive Governors of The State. The aneorallon
OF The criminal code Of State would make II an asy-
lum for criminals from other States II would enable
State by abolishng its criminal code, to ahsove H.
.crime" means crime according the laws generally
prevalent among civilized nations, then Tor an offence mol
generally recognized by other nations, the governor
could not surrender one who had been sny OF an OF.
fence made infamous by the laws oboth New lork and
Virginia. Besides, how vague and uncertain rule
it would be. Who is to determine what are civilized
nations, what the laws generally prevalent among
them? Is Gov Seward of ~ York; or Gov. Camp.
bell of Virginia. Gov. Boggs Of Missouri And how
II uctuatng. Many acts were crimes among al! civil
zcd nations two centuries ago, which now are no
crimes at ALL At tins day, all Europe acknowledges
for crime, what in America is none, sacrese Tor ex-
ample. The slave trade is in our day piracy, which
century ago was n lawful and honorable traffic.
g. The purpose of the provision in tnc Constitution
requires the Government 10 deliver up these persons
The whole scope Of the second section is TO bind the
States togetler-to make them for certain purposes
one. The first subdivision prevents one State from
shutting out the citizens Of another. The second
prevents one State from shutting in those who
have escaped TO it for protection from the Justice oil
another. The third completes the work, by obllgng
State to send back such fugtives from justice That IS
forced explanation which Governor Seward would fam
make that the provision about ugltives from justice
was merely substitute for treaty between the States
which the Constitution had provided because 1t had
forbidden the States to make treaties But is the hrst
subdivision substitute for treaty also the third
Who ever heard of treaty for either Of those purposes
If the Constitution prohibits the States from making
strea,ies, it does not prohibit their making agree
ments or compac,s with each other, with the consent
of Congress- These permitted by the 10Th section
OF the first article. The States therefore, with the
consent of Congress, make mutual agreements for the
surrender of criminals 1t is not for the want of such
power in them, shat the Constitution nteffered 1t
was because the States could not harbor criminals es
Gaping from each other and continue in peace. To Sc
cure that peace was the first object of the Constitution
4. lfany inference can be drawn from the history
of the Constitution it is all on the side of Virginia
In the articles of confederation the provision thus
s'If any person guilty Of charged with treason fe
lony, other high misdemeanor in any State, &c.
The Convention seem to have intended to enlarge The
provision As the committee of FIVE first reported It,
the words guilty Of were left out, but the phrase
high misde meanor was retained. But afterwards in
the Convention it moved and seconded, to strike
out the words high msdemeanor, and insert the
words sofer crime which passed in the affirmative.
See journal of the Convention, pages 226, 3O4