Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-06
grade nor as reaching the petty crimes or m'demean

grade nor as reaching the petty crimes or mIsdemean-
ors :,
Most of the cases enumerated by Governor Seward in
his letter of October 2ls declared by our laws TO be
misdemea nors and are probably such by the laws OF
the several States Of the Union. They are, of course,
properly excluded from the operation OF the ause.
Blackstone H. s. vol. 4, on the Commentaries, says,
that " in common usage the word GRIMES IS mace "
denote such offences of deeper and more afro
cinus dye; while smaller faults and OMISSIONS oil less
consequence are comprised under the genter names OF
msdemeanor only" Treason, murder ana robbery,
are properly ranked among crimes, since besides the
injury done TO individuals, they strike at the very De-
ing of society, which cannot possibly suosst where
actions OF this sort suffered 10 escape win ipu-
nifty.
II cannot be necessary argue that larceny and rob-
berry, which Blackstone speaks Of as " OF deep and
arocious dye" come within the meaning OF the word
crime, as it has been shown to be ordinarily used
The subjects of all theits ''property; and The
slave in question has been shown TO be property within
the meaning of the Constitution It follows therefore,
that stealing slave crime such the trainers OF
the Constitution intended.
The practice under the above clause in this State,
shows that il has been applied TO offences nteT;1r IN
enormIty to the in question, and offences re-
cognized by other States, or by foreign nations.
A law lately passed in this State for the punish
ment of those who obtained goods under false pre-
fences This is not offence known to the common
law nor is il one hurtful TO the people of New York
as the offence OF stealing slaves is to Virginia. Proper
precautions may man from the effects OF false
prcences at all events they are made face to lace and
if the goods then given up 1t IS the act OF the own
err Larceny, however, leaves less room Tor the exer-
of precautions; it never seeks consent and acts
without giving knowledge. Since the passage OF this
law ii has been very common TO make requstonS up
on the Governors of other States to deliver up offend
ers to be tried here. They granted without hesa-
lion and acted upon by the Governors to whom they
are sent citizen of Illinois, made an assignment OF
his effects TO prevent the execution OF warrant Tor
such surrender; and many other have happened
This measure of our state has probably been main.
tanned upon the views which Mr. Webster Las Of
ten applied TO other powers in the Constitution.
His argument is, if we mistake not, that when new
cases arise coming within The Of rules prescribed
BY the Constitution they Immediately marshal them
selves under the power.
The language Of the common law after steam had
been applied to propc boats shows how It adapts itself
to new cases 1t this: that when steamboat met
ship with sails the law has been from time immemor
a. that the boat should allow the vessel TO pass the
side most favorable to the latter, the ground that
steamboat always has fair wind.
These principles, which the Governor repudatcs IN
their supposed application TO this must be the ones
adopted practice in extending the clause TO the new
offence in our stalute-Wheher right or wrong, 1t is
not material in the case before US.
In some of the Southern States there was no law for
long period furnishing the act ofthe master in kill.
ing his slave. According to Gov. Stewards doctrines,
if the murderer should flee into this state, his Excel
lency would have no right to deliver him up tor
trial.
IL is not denied by Governor Seward, that slaves
were deemed property when the clause in the Consti
tuition was framed not that the clause was broad enough
then 70 cover the offence Of stealing IL is insisted
that nasmuc they not property noic the clause
does not attach This would settle the principle that
State might at any time by its legislation, alter the ef
feet of the constitutional provision. II il may with
draw species of property from It's operation, the
principle is the same when another state attempts 10
add ID is bad rule which accommodates the caprlccs
Of New York and withholds the same privileges from
Virginia.
If the idea of Governor Seward is correct, that the
"uniyprsa laws of mankind are to be resorted to- 10
determine whether offence charged is or IS not
crime and if il should be held that stealing slave was
not a crime according 10 those laws, then even II every
State in the Union now savehnldng, the offence
Of stealing slave could not by their united efforts be
brought within the range in the Constitution. That,
therefore, cannot be just rule of Interpretation 10
escape absurd,tv, a rule founded upon view Of orr
particular institutions and the measures Of Prccauton
necessary to uphold them, must be invoked.
The offence this particular case, IS one affecting
not only the private right of individual owner, whn
would have lost by Of il, except for great vg-
lance So vera hundred dollas but it is deerly al
frctng the interests Of the State far Vrgina is
concerned.
which Virginia is bound TO permit, under the Consu-
ton and with her exposed position, bounded on the
North by two free States, Ohio and Pennsylvania, the
exercise uf this power against those who Intrude with
in her dnmnions, is far essential to her safety
than against the vioalors OF every other provision Of
her criminal code; and yet such a construction o; this
clause is conrnded for, makes II entirely unavalg
m this most essential point
The persons claimed from New York, had been in
Virginia, violating ms charged) we'll known laws;
and no exists for atfndng any such an asylum
here IL is not the policy of tins State 10 harbor men
within It's limits who sally forth into slave States TO de-
prive the citizens OF these States of their property and
in the absence Of any Constitutional provision Oh
Ire subject good nrghborhood would require from US
a refusal TO protect them
Every crime, il is said contains, (if man is cons
dered consistent being) the expression of principle
Of conduct and accordingly, besides the present trans
oresson of the law threat repeat the offence. This
IS one of the reasons for ustifyng the community IN
the use of measures of prevention and punishment
What does New York say 10 Virginia, in view oil
this principle when she refuses to give up fugitive
from Justice, for trial. Why this, that she will harbor
and give counpnance 10 offenders against the laws OF
Virginia. arhis they rcPreparns to repeat the offence
New York becomes in that way an accessory 70 Inc
crime! and New York is, at the same time that She
connives at these offences, actually engaged in deliver
ing up the slaves who brought here and IS party
to a solemn compact, agreeing TO protect the State
AGAINST udomestic violence" Such is the inconsistent
cy of error
In conclusion, we wish it to be noted, that in the
above remarks we have been considering the question
Of our constitutional obligations, and not the abstract
rights Of the slave Our individual preferences, or
those of the reader, have properly nothing to do with
the case.
Should the men claimed rs fugtves from justice, be
given up they would if innocent, be able 10 establish
their innocence; but if guilty, the circumstances
of the case would constitute appeal to the courtesy
of Virginia which would probably induce the ESecu-
tive TO pardon them.
From hr Georgia J,frsonidp
THE NORTH AND THE SOUTH.
We commend TO the serious attention OF our read
ers two articles which will be found in the preceding
columns of our paper, the one from the Charleston
Mercury and the other from the Richmond Enquirer,
in relation to the unjust and unconstitutional measures
VI 10 E,rrii crnr,