The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-26

Accompanying the Message of Governor Seward
as published by order of the Legislature the cores
pondence growing ont of the demand of the Executive
OF Virginia upon the Executive of New York, for
the surrender of three colored men, viz: Peter John
son, Edmund Smith and Isaac Ganscy as fugitives
from Justlcei they having been charged by John G.
Colley, OF Norfolk, Va, with felonousiy stealing
ana taxing from him certain negro slave named Isaac
the property of the said Coey" The law violated
was passed by Virginia before the Revolution
In the month of July, 1899 these men were arrested
upon warrant of Police Justice of this city, char
ging them with being "fugtves from Justice" and
helu IN prison, awaiting the action ofthe Governor,
In this state ofthe case the requsiton made by the
Governor OF Virginia for their surrender was served
upon Governor Seward on the 3Oth of July, on the
eve OF his departure for Auburn. The papers being
in the view of Gov, Seward defective and ,nsatisfac
tory he informed the agent who served the qusition
that the defects might be supplied and directed the
Sheriff of New York. who held the men in custody
TO notify the prisoners OF the charge so as to give them
an opportunity of being heard, before deciding upon
the requisition."
Gov. Seward then proceeded TO Auburs and arri-
we'd there after fifteen days. In the mean time Recor
der Morris had the men brought before him upon
habeas corpus and ordered them to be discharged from
custody, on the ground that according TO the lestimo
ny before him, neither of the prisoners had committed
an offence even against the law of Virginia and that
the testimony was not such as to authorize the deten-
ton Of the prisoners" The case, it may be remern
bered caused much excitement at the time.
It was proved before the Recorder that the slave
was "a ship carpenter, and had been engaged at Nor
folk in repairing the schooner on board Of which the
three prisoners were hands that after the schooner
sailed the slave was not to be found that they 1.-THE
owners) by express reached the harbor Of New York
before the schooner arrived that they went on board
the schooner and made known to the Captain Ca white
man) their suspicious that the slave was concealed on
board" Search was accordingly made, (the Captain
tpIc
the live oak timber The prisoners were the only CO.
ored men on board, and it proved by the confess
sion of the slave, that Of them told the slave he
was foolish to remain in Virginia he could get good
wages North, and that this suggestion induced him
TO run away and secrete himself board the vessel
The slave carried back to Virginia BY his mas
ter On the Both Of August following, the Governor
of Virginia called the attention Of Gov Seward the
requisiton, and desired him to dispose of it without
delay. In his letter he states,-
"As the demand founded upon the accusation
OF an offence peculiarly and deeply affecting the gen
eral interest of the good people ofths Commonwealth
Recognized as felony and severely punished by our
aws-and as, if longer delay is permitted the often
ders may escape altogether trust you will my
anxiety for calling your attention to the subject and
asking that you will dispose of it with all convenient
promptude after the receipt Of this letter. and appise
me of the result"
Gov. Seward on the 10th of September replies as
the for delay, that after his arrival at Albany
he learned from the public papers that the prisoners
had been discharge, by the Recorder, on the ground
he supposed that the requisition and affidavit
deemed insufficient and that he inferred from the 81
ence of the agent who served the requston that the
application had been abandoned or the decision of the
Recorder acquesced in.
He then proceeds to examine the supposed defects
in the affidavit and requisition and declines deliver
the supposed ugltives to be carried to Virginia for
trial, the ground that the offence charged is not
a felony within the meaning of the Constitution"
Governor Seward, in defence of this ground states
that:
Admitting the affidavit to be sufficient in form and
substance charge the defendants with the crime
stealing negro slave from his master in Virginia. as
defined by the laws OF that State, yet in my opinion
the offence is not within the meaning of the Consttu-
ton of the United States The words employed in
the Constitution, treason, felony other crime, are
indeed very comprehen i've. II has long been con-
coded that citizens of the State upon which the requ
sition is made, liable to be surrendered well
citizens Of the State making the demand; and it is
further regarded settled that the discretion of the
Executive in making the demand is unlimited, while
the Executive upon whom il is made has no legal
right refuse compliance if the offence charged is
act of treason, felony or other crime within the
meaning Of the Constitution. Can any State at its
pleasure declare act TO be treason, felony crime,
and thus bring it within the constitutional provision
confess that such does not seem TO to be the pro-
per construction of the Constitution. After due
only to those acts which, if committed within the ju-
risdicton OF the State in which the person accused IS
found would be reasonable feonious criminal, by
the laws oil that State.
do mol question the constitutional right of State
10 make such penal code as il shall deem necessary
State shall be exempted from arrest trial and punish
ment in the State adopting such code however different
its enactments may be from those existing in their own
State. The true question is, whether the State OF
which they citizens Is under constitutional obli
cation to surrender its citizens to be carried To the OF
Tended State and there tried for offences unknown to
the laws of their State. believe the right to de-
mand and the reciprocal obligation to surrender fugi-
tives from Justice between sovereign and independent
nations az defined by the law Of nations include only
those in which the acts constituting the offence
charged recognized crimes by the universal law
of all civilized countries think is also well un-
derstood that the object of the constitutional provision
in question to recognize and establish this pnci-
pie In the mutual relations Of the States, indepen-
dent equal and sovereign communities As they
could form no treaties between themselves, it was ne
cessariIy engrafed in the Constitution. ! cannot
doubt that this construction is Just. Civil liberty
would be very imperfectly secured in any country
whose government bound TO surrender It's citizens
to be tried and condemned in foreign jurisdiction for
acts not prohibited by its own laws. The principle, u
adopted would virtually extend the legislation OF
State beyond its territory and the citizens Of
another State anu which the policy and habits o.
one State may lead its legislature 10 punish as felony
must be considered ofihat henous character in another
State for certain purposes while for all other purposes
they would be regarded violations of moral law
In some ofthe States Of the Union adultery is mad,
felony; in another the being father of an illegu
mate child is made a crime; and in another marriage
without license or other formatcs is penal To al
init the principle that violations Of these and smla
laws. which are in their character mere municpa