Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-13

sents the history of the "VrgnIa Controversy as II
called andespecally the extraordinary circumstances
under which Governor Stewards reply to Governor
Gilmer was postponed by various pretences until after
the election very forcbly and clearly 1t states facts
also-and especially that in which the Executive of
this State is charged with submitting his reply 10 The
eolored Clergyman of this City, HIGH ought not to
escape the public notce.-aiGany .7rguS
RE.H.aRKS or MR. CIRCUIT in The assembly,
Fr,day, January 81, lSil
Reported ior The Daily Albany Argus.
MIR. CIRCUIT opened with The remarks ihal nc haa
no delicacy about assuming the position into which The
gentleman from Washington, (hlr. Culvcr0 had, on
another occasion, attempted TO thrust his colleague,
(Mr. McMurray0 to wit: that eli attempting to make
political capital The course he (Alr u designed TO
pursue, on this question: as on all oters,) was what ne
deemed the honest, strng ht-lvrward, Democratic ana
constitutional course and if gentlemen on the other
side counter 10 such course he should attempt TO
make political capital out Of .t-no otherwise. Such
he believed TO be the position Of his colleague, (Mr
McMurray0 and gentlemen were welcome TO all the
advantage they expected TO gam by It,
The proposition first order before the House (said
Mr.. c. is that presented by the gentleman from Temp.
kns (Mr l.. Hubbcll,-the proposition which denies
the right ofthc Legislature to interfere in this conlro-
versy between New York and Virginia, and al the same
time commends the course of Gov. Seward as sound,
and udicous Sir, (s,d Mr. Co. dissent entirely from
both these conclusions and with Difference to the FEEDER
al ana Abolition fTleluS oil Governor SeWdTu oH tHls
floor, shall take upon me TO show that both are as
gratutous they are unfounded in truth and justice.
MIR. Speaker, the gentleman from Albany, Clr.
Wheaton) has warned this house, 10 use his own Sc
ect and classical phrase against being bullied by The
threatening attitude of Virginia; not because Virginia
had not the right her side, if understood the gen.
teman remarks but because she had not the power
10 enforce her right his not an appeal to as
sumed might over night, should be glad 10 know why
it was, that following out his insulting ausion 10 The
attitude of the Old Dominion, that sentcmun spoke
Of the daggcrs that might be put III motion within
her own borders, in Of an open rupture with New
York, and Of the sind assistance she might he UNI
der the necessity of calling for from us, TO protect
herself against domestic enemy: Why did speak
of menaces and threats from that quarter IN conncxiun
with profers advance of assistance from New York
in the hour of emergency Sir (sad MIR, GU THINK
such appeals as these unworthy the gentleman from
Albany-hnworthy the character of legislator OF this
great State and lie delicate nature of the controversy
in hand An ultra aboonist burning with what has
here been aptly TENED born zeal, could scarcely
have exhibited himself in attitude more offensive 10
the whole South, or unbecomng this House and
the people of this State.
But to proceed 1t once to the positions taken by the
apologiss Of the Governor, would remark in the first
place. that whilst the ultra Of them do not pretend
deny that the Governor does waive all objections 10
the defects in form and substance, which have been
pointed out in the affidavit produced against the iu1l
sensible of the predicament in which the
Governor placed docs not concede that point, but in
siss that the insuciency of the affidavit constitutes
one Of the grounds which the Governor refuses 10
comply with the requsition from Virginia Beiore
proceeding farther it may be necessary to clear up TINS
point, and examine the threatening attitude, tho mena-
ces, and the want of courtesy which the gentleman has
charged upon our sister State, aud how the Govern
or position tallies with that assumed for him by the
gentleman from Albany, and his Abolition coadlutors
Gov Seward, in his letter to the Executive of Vir-
rnia Of 10th Of September, 1889, says"t IS regarded
as settled that the discretion OF the Executive IN
. making the demand, IS unlimited, while the Execu-
q tive upon whom il is made has no legal right to re-
. fuse compliance, if The offence charged is an act Of
Il treason, felony other crime, within the meaning
= of the Constitution" Here then is distinct adins
sion that no State Executive has right 10 refuse to
give up fugitive upon charge of reason, felony or
itlIer crime within the meaning of the Constitution.
But the Governor continues and asks: "Can any
State its PLEASURE declare net 10 be treason, so-
n.y. or crime and thus bring It within the constitution
al provision" The Governor would here seem TO imply
hat Virginia, subsequent 10 the adoption OF the Constr
uon had undertaken TO specify what should constitute
reason felony crime and that in the attempt, she has
~ her laws made that felony crime which the Con
,litution never intended, ut least what out of Viz
rinia and the other saycholdng States has never been
as offence Now, the truth IS, that Vr-
,inia as early as 1853, passed law making the steal
II clergy Such was the law of Virginia when the
Constitution of the u. S. framed and adopted by
he States: and ii not until the year wv, That
me punishment for that offence was changed TO i'm
,rsonment in the penlten,iary. Tho stealing OF
dave. therefore, was a high crime in Virginia, pu-
1isLabe with DEATH long before and some time after
he odopton of the Constituton-and there can be no
Ioubt that the trainers Of that instrument meant to IN
,ludc within the terms " treason, felony, or other
crime the precise offence then punishable captally
~ the laws Of Virginia And as u 10 leave no doubt
IN that subject they inserted in the instrument ITSELF
clause TO this effect (scc Constitution of L. ;. Art.
lth.) "Fn faith and credit, shall be given in each
State TO the public acts records and judicial proceed
inrs of every other State" Full faitL-and credit!
What is the meaning Of these terms in the sense here
used' had supposed they 'mpl'ea our woru 81 non1r
pledged our promise given; and that we were bound,
IN ali sincerity faithfully 10 concede, that full faith and
,r.di should be given the public acts, records, and
judicial proceedings, Of every State, at least 10 all Of
hcm that existed at the time of the formation OF this
Constitution
Ao,;, The Governor says--ssl do not question the
constitutional right of State TO make such penal
code as il shall deem necessary or expedIcnt nor do
. I claim that citizens Of another State shall be ex-
e omnted from arrest trial and punishment in the State
. adopting such code" Again, he says-"ihat there
is no law of this State which recognises slavery, no
!. statute which admits that can be the pro-
uerty Of another, that man can be stolen IRON
q another" And again, the Governor says-"lt re-
suits from this view of the subject that the offence
4 CHARGED in the affidavit and specified IN the requ
!. sition, is not felony crime within The
meaning Of the Constitution and that waving sar,nn
der the supposed fugitives 10 be carried TO Virg
mia for trial under the statute of that State :,
Now said Mr. c. suppose the fugtivcs in question had
stolen or decoycd away cargo slaves and sofa then
another market, or taken them to land Of liberty
would the Governor, by his own construction, have
It hound 10 deliver them up had such fugtves taken
shelter under the laws of this State think not The
Governor assumes the broad ground that he is not re-
1uired 10 deliver up the fugitive from the laws OF ano
her State unless the offence charged is recognized as
;uch by the laws of this State And them. leap'ns
rom one false position to another, he assumes again.
hat our laws do not recognize property IN slaves
Why sir, it is only necessary to turn TO law OF .he
session. which the Governor himself pp5Oy or
moment on his own ground. allude to the law, which
was crowded through like most of the dOings in the
asst legislature under whip and spur designed 10 give
trial by jury to persons claimed as fugitive slaves
n the 7ih section of that act, the right Of property IN
slaves is not only distinctly rec"gn'zed but the mode
h,oh claUa m n