The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1841-01-16

! be adopted with safety, Justice or consistency.
Under government Of laws there must be no
power by which citizen can be affected, that IS
unknown to tho law, and derives not its aushori-
tv from the law; abandon this rule and you
may as well abandon all pretence OF con-
stitution. If, therefore, the act complained OF
is not here recognized as a violation OF law,
there can be TO power here to make the citizen
responsible for it to the law No argument can
defeat this self-evident proposition.
But suppose we try the question by practical
test In some ofthe states adultery IS made
crime BY law, and legal punishment is provided
for it; in this state there is such law, and no
such punishment is provided Can fugitive
from state where adultery is a legal crime be
demanded in this state, on accusation oil thal
offence? Certainly not, The law in this state
makes no provision for sucha case-gives power
for no such surrender.
Again-In some ofthe Southern states 1t IS
crime to give instructions to colored sman.
What would be thsught of demand from enc OF
those states for the surrender of charged with
having taught colored man oread?"
The wise statesmen who framed the Constitu-
ton of the United States, foresa y that persons
violating the laws Of one State would flee to
other States, and they enacted that such fugi-
tives should, upon the demand of the Executive,
be delivered up, to be dealt with under the law
of the State in which the offence was commit
ted The new doctrine asserted by Governor
Seward, and INDICATED by the Commercial, is
that the fugitive shall not be delivered up, be-
cause the offence was not committed against the
laws of New Yorkm. doctrine which, if es-
tabLshed, would defeat the end which the Con-
stitution had in view. In the first place, the
Jurisdiction of the several States is confined to
their respective limits; and man in Virginia
offends against the laws of Virginia, and not
against the laws of New York. The authori-
tics of New York cannot punish an offence COM
mitted in Virginia for this reason and it was for
this cause that the Constitution provided that
an offender who had fed from Virginia to New
York should he delivered up by the Executive Of
New York to be punished under the laws of
Virginia But, says the Commercial, Adultery
is not crime in New York, and asks, "esn a
fugitive from State sSheye adultery IS legal
crime, be demanded in this State (NStC York;
on aeetISGtioA Of that offence"
We ask if murder was not legal offence in
New York, if fugitive murderer who had aed
to New York would be protected on that ac-
COUNT The case made by the Commercial is
striking illustration, and should arouse the
sleeping energies of the whole South, and Of
every lover of our free constitution; but it be-
hooves this State, more than any other, to take
immediate and energetic measures. The offence
is admitted-the case has been made, and the
issue Joined is one on which there can be no diff
ference of opinion among honest and intelligent
minds. On this question we will have the South
united and the intelligent and honest of every
other section. Now is the time for Maryland
to make common cause with the South, and
make account of eur local position as frontier
of the slave holding States-to avail ourselves
of this question to secure on a more permanent
basis our own constitutional rights and to in
crease the sympathy which naturally exists be-
tween us and the South and Southwest. We
owe such an effort to ourselves and to the coun-
try; for, if we move, the apprehension of the
to their commerce and manufac-
lures will build up an interest in New York
and New England to protect our rights-if we
submit, public opinion there will sson set the
constitution and our rights equally at defiance.