Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-19

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tionsl rights ofthe STATE under the belief that The
people and Legislature OF New York would not
have thus invaded either, and will not nov justify
that invasion, and that TO them. the comfy OF the
States ind the Just regard entertained for sister
state. requires that an appeal should be made be-
lore any Interior Is resofted to, especially
as That Stature Is now sitting, and VIC know has
he subject under its consideration
The General Assembly deem IL unnecessary to
enter, In detail, into the argument, by which the
right OF Virginia. To the surrender Of the fugtives
demanded, is sustained. Il has been fully and ably
presented by the Governor Of Virginia in his
respondence, and may be summed up in a few
words
BY the - Sec. OF the 4lh Art. OF the the Consti.
tuition Of the United States it is provided that, "a
person charged in any State, with treason, felony,
or other crime, who shall flee from justice. and be
found in another Slatc, shall, demand Of the Elk
ecutive authority Of the Stale from which he fed,
be delivered up to be removed TO the State hav-
ing jurisdiction Of the crime"
BY the Common Law Of England, which APP
pert,ins in Virginia, by the Civil Law, and by
the Laws OF every State Of this Union. theft is "a
crime. BY the Common Law. "plsin theft" is de-
hned TO be "tte feonious sterling and carrying l.
way OF the personal goods OF enother." BY the
Civil Law u is defined to be "The fraudulent SUD-
traction Of thing from the person to whom doth
bslong. in order to appropriate il TO ones SELL
make use OF Il against the will OF the owner"
And by the Divine Law We are told, .'thou shalt
not steal" nor even "covet thy neighhors goods,
nor his man servant, nor his maid servant, nor any
thing that is his"
The stealing Of the property Of another, then, is
crime" by the Laws of every country and by
the Common Law, and the Statute of Virginia is
felony" and propeityis the creature OF the law Of
that country in which il is. In Virginia. a slave
Is, as "sefvsn" was in the days OF Moses proper
~; personal property or goods, and is recognized
as such by the Constitution OF the United States,
Art. Sec. %, paragraph Sd, and Art. 4, Sec. 2d,
paragraph Sd; and the right OF property in him has
been acknowledged in every Stale in the Union
ia which the question has been made. To steal
slave then Is TO seal property, ("goojs' }
and Is therefore "a crime" and "felony'
within the meaning Of the Constr uton. Again;
the trial for crime must, under the 81 paragraph OF
the I'd Sec. Of the Sd Art of the Contituton Of the
United States, "be held in tho State where the
said crime shall have been commtted;" and the sur
render required TO be made by the Dad ph
OF the I'd Sec. of the 18th Art. must be made "iO
The STATE harfng Jurisdiciion Of The crime" The
surrender then TO be made for trial, and no State
has Jurisdiction" OF any crimes but those commit.
ted gainst her own laws. Virginia c,nnot try
one for violating the laws Of New York, nor New
ork Tor v olaton OF the laws Of Virginia. The
'crime," therefore, in the meaning Of the
Constitution Of the United States, is a crime
against the State law, when that law is not in conflict
with the Constitution. Equally clear is IT, that the
crime" need not be one OF "grea, or peculiar afro
not amount TO the grade Of felony and yet the
demand may he made and must be met. The
terms oil the Constitution are, "person charged
with treason, felony, or other crime, &c. The
Governor OF New York yields the whole question,
however, when he admits that the fugitive may be
demanded for crimes, "deeply affecting the public
safety" Tor IL Is only necessary state the case TO
show that few things more affect the interest
and safety OF the Southern States than the right in
citizens of other States to come within their limits
W md al hair
slaves. Ii would be worse than useless therefore
10 inquire what is 'mAlum in Sc" or acknow led
as crime by the civiliz ID nltions of the world One
or two illustrations may be given, however, to show
the absurdity we'll danger ofIhe rule propos-
cd by the Governor Of New York, by which mat.
ter OF Constitutional compact between co States
should be referred for its settlement to "the civil.
lzed nations of the world" and that the crime must
be one recognized by the laws Of the State in which
the fugitive may be found. The objection is that
stealing save is not crime by the laws of New
FORK. Suppose citizen of New York steals a
slave IN Virginia and nbsconds, and sells him in
New Orleans or Texas, and returns to New York
with the money in his pocket-would the law mu-
nicipal or moral, of the State of New York, s,y
there was no crime in such case, and the citizen Of
New York should quietly enjoy the money thus
dishonesty obtained1 Yet, FOR what crime could
the fugitive be demanded II not for stealing the
slave, because To sell slave is in Virginia (the
State having jurisdiction Of the crime) a crime if
the person selling be the owner or have right 10
sell, and OF necessity therefore, the demand must
rest upon the original crime Of stealing, though SELL
ing might be added TO the description Of the case
rs evidence OF the intent, "Ihe animus fiirandi, in
the first taking2 Were the ethics or constitutional
ooctrines ofthe Governor Of N York to Or, vail the
citizens OF New York might obtain, without much
labonr, an "honest livelihood" by sealirg the slaves
OF the South, provided they sold them after they
stole them, and took refuge in New York.
by this system OF reasoning the Governor of N.
fo'k would be brought TO this strange conclusion,
viz:-To steal one who cannot by the laws Of God
and civilized nations" be made the subject of pro-
perry, is not crime in New York;-lo sell into
slavery one thus situated is not a crime in the
Southern States If the veEder has lawful right or
authority to sell according TO the laws of those
States-thereiore, 10 steal who ought not to be
slave, thereby by violating the State law and sell
him into slavery, thereby violating the laws Of God
IS not crime, but act for which there is no pun,
ishment.
Again, The Southern people have been harrass-
ed and injured by the AboIIonists, to extent
which none but themselves know. Suppose
Southern State were to put the "Caput Lupnum"
upon every Aboitonist, and by law to declare that
II should not be regarded a crime in one OF its
citizens TO kill them. Suppose that a citizen of
Southern State meeting with an Abolitionist in NJ
York should kill hun and fee TO his home, and be
demanded by the Governor of New York and to
the demand the answer should bc-"By our laws il
is not crime to kill an Abotionst, and Their, fore
the fugitive will not be surrendered" Would ".
argument urged against Virginia sustain ii, as the
law Of the State upon which the demand is made
Tin the case supposedly does not recognise the
crime, and il IS not more 'malum in sc" to kill a
slave than TO cal him, and not more to kill any
other man than him.
Bot, we forbe'r farther argument or comment
The wrong done to the Constitutional rights of Vir.
elnia, by the Governor Of New York is gross and
elaring, and not TO be submitted to- This wrong has
not been done by New York however, but by one
Of her funcijOnares and we will not believe until
they announce II TO us, that the people Of New York
would have inflicted such wrong, or will now an
prove Il. We nwe to their intelligence and Loyalty
TO the Union TO believe they will not; and we owe
u 10 our own loyalty not TO net upon any other con
elus'on until fair, candid, and respectful appeal
has been made to them and rejected. Virginia
should take no step in this controversy but with
the determination never TO retrace il. Rash def
ance and hasty legislation are not consistent with
her oen dignity or her obligations TO the Union: OBJ
legations which Virginia has ever held sacred, and
will never renounee but in the necessary defence Of
nights which cannot he abandoned and her liberty;
and she Is not yet prepared 10 admit that th period
ever can arrive when the Just rights Of the State and
the liberty Of the citizen will be incompatible with
those obligations.
Rss0Ivsd, ihsr.fors, That Commissioner
be appointed 10 repair forthwith 10 the Ctv of Al.
bany, and submit to the Legislature Of New Yorl,
the respectful request Of Virginia, that i, will pass
such laws as are necessary cause the surrender of
Peter Johnson. Edward Smith and Isaac Gansey.
and nj other fugiiives from Virginia who have been
CHARGED here with Htreaaon Ceonv n, ,ther er,,,o ,,