Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-12-03
THE GEORGIA CONTROVERSY.


justice. In Governor MeDonald's message to IN,
Legislature Of Georgia on the % OF November h,
says;
ain April last, John Greenman, otherwise CALLED
hlanson freeman. stole negro woman, the slave
OF Robert w. Flournoy, and csca ped to a. State OF
New FORK An affidavit Of the fact was made by
MI. rlournoy, which, after the naturalization re-
CURED by tho act Of Congress, was transmitted 10
the Governor Of New York, with demand for his
arrest and delivery TO Frederick Huntinstop who
was constituted The agen, of this State to receive
MN Although the affidavit charging the ofrene. i,
positive and unc9uivocil. conforming in all res.
poets TO tho act of Congress, the Governor of N,r
York has demanded proof OF the facts and circum-
stances OF the case before he will order the arrest
and surrender the fugitive. This proof although
entirely convenient declined procuring, and wa,
illiy satisfied that had complied with the letter
AND spirit OF the Constitution and act of Congress
- neng AZ Albany very recently, We inquired OF
Iovernor Seward the particulars of this case: and
he very eheeriully permitted us to read the whole
OF his correspondence with the Executive of Gcor-
qua on thls interesting and amusing subject. Deem
! ~ 'nptesseu rs we over have been, ia regard TO
inc Importance OF respecting the "pecurr ins,;tu.
lions OF the South, IL Is unnecessary for us IN
sure our readers, that We will me- YER T.. found I'd
Vocatng or defending Abolition sentiments a,,L.
! same ume' however, that VIC shol always endc,yor
10 inculcaie due regard TO the obligations innosed
upon the Tree States, Of respecting the inst tno,,
oil the South, we shall never attenp, to defend dr.
euhori'lrs OF the South in arrosatns to themselves
ed by the constitution of the u. s.
From the correspondence betweep Govo.ro.
Se"au ara Mcdonald, u appears that i'm Inn.
as', demand was made by tho latter f,lnctiora,,,
/ tot lhe surrender OF one John Greenman, n common
seaman, charged 10y the affidavit of Rob.,i ~
t'ourney, with Grand l. ,rceny in two sens,,,. 90
sInncos, ard on two separate end distinct affidavit
Inc ono sitins forth that the s,id Greenm,n b,J
s'o.'" rom tnH s'H t'ournoY, certain wearing ap.
pr-l and trlnkets; the other, that he had go,
tom the sam' individual, the person and body of
iem,c slave. ' "
The Governor If Georgia admits in his corrc,-
nc nat me only evidence Of THEFT, consists
w me Tact ihat the slave with certain wsaring an
pnel on G'r person, was found in comp,nv vii
S'ce"m ~ on board OF ship, end IL is not pretend
co Vai crhe' III, or her cln'hry was ever in o.
puS'e,' 'n win view 10 Kidnapping; but that i
Ste. INV " "'e
The n fii'v;; charging Grccnman with s,.e,ir,
'S "'1I"- aPpa 'el 7ni t7inkeis, was on i's face
us'sciF"' ard would not have authorized the a ,,
E'ehcn-lOn OF person charged with then i, tb;.
STATE, because It did not forth that tina Goods |
alleged To have been s'olcr, were found in his nos
fcs ion or m any whatever set forth fact, ,rd
circumstances, 10 enable the Executive To ipdv.
"heIher III" crime alleged, had actualy been com
united. Nothing can I've clearer than tbot e N.
were 10 30 TO the Police Office and swear thnt Jobn
smith had stolen from us iiy dollars IL would NO,
DC COCO ground tor the Issuing OF warrant for his
apprehension The fact of the theft is a nr.s,i-,, /
uron which the Jury are 10 pass. aud on 6rn,;.,
r. =
loh or ne arrest OF an individual on the ch,fyo NJ
teehy' mu set forth the particulars OF the crime
1n',stci- inc Justice, or person to whom the en-
pI.cauon Is made, being the pirty 10 d.,,,,,;rp. !
whether the Circumstances set forth ,v,rr,n, IL |
snspicion OF crime; and II so. he oftlers the arc,
suppose Tor instance, \, y. bein: en- ru.ted ,yi,h
inc money Of e ID. should retain portion of II in
nus possession instead Of paying IL over on the I,y
that he had agreed TO do so. Morally This you'd
he stealing and yet II is not stealing IN the ,vr NJ
me iawi ana consequently, It A. g. presented him
sen before the proper officer for the arrest of c. D.
on an ahdavit that lie had been guilty OF then m.
oHIrer would very properly refuse the warrant un,i
he hld examined into the circumstances Of the alec
co Iatcency. And such IS precisely the course piT-
s"eu oy governor Seward. The demand for Green
man was made upon two naked ndii wits Of tbsr |
md the person appointed TO receive him M. moi,
1--we from Justice informed Governor Seward. tLat
me wearing apparel and trinkes which he was
,harSei with stealing, were those on the person of
me NsgresS at the time she was alleged 10 have
been sioler, - nave
Now, II is not pretended that these clothe, and
rlnhets were at aay time removed from. the n.rson
81 the sieve or ever III the possession of q reSnman
win view Of converting them to his use =. ard NJ
curse, he could noi he considered as bnvinc s,o,c
mem except IN the alleged stealing the woman and
mat IN fact, there but one crime although t,.o
separate tbefts were alleged.
Under these circumstances, Governor Seward adj
lresSed letter TO Governor Mcdonald setting forth
mat the afhdsvits upon whlch the demand for m.
arrest ana surrender Of Grccnman was based were
not such as would warrant the arrest ofanv indivi-
iuaI 10 thls SL1'e on charge of larceny that while
.hey charged thei, IN two different instances thew
did not set forth any OF the particulars accomnnny
ing the larceny, m order TO enable him TO Judge
whether he had IN fact committed a crime in III.
eye o. the ta'c, or only IN the judgment Of Mr. Ro-
oert w r'ournoy' lie says very properly, that
although he does not question but MIR Flournov {
believes larceny has baen committed he NAV he
IN error with regard TO the nature Of the crime That
So II IS mere error IN judgment for which Green
n al a IaE - 10 g,F,sa l..
The liberty of a citizen Of this State cannot br
Abridged or his person seized and sent TO Georgia ,
upon what may hereafter prove to be simple error
IN Judgment on the part Of MIR Fournoy as TO what
constitutes iarcsnV.
Subsequently, Grand jury of Georpia Eound an
against Grecnman, and Govonor McDo.
Maid again demanded his sure nder-the demand this
inns beng baseG upon the Indictment Happeared
however mar INC copy OF the indictment forwarded
was grossly detective and such on one ns would
have been quashed on motion to that effect in any
court OF La" in the United States. Governor /
Seward respectfully but mischievousy perhap.
pointed GU! this tact to the Governor Of Georgia. de
;lined making the surrender upon such defective
papers, and added 81 await your Excelency's fur
.her communication on the subject" Ii
The simple fact that the Governor OF Geogia was
IuVcn TO the procurement OF an Indictment ngalnSt
Gfeenman, and TINT he made renewed demand for
The surrender ofGreenmnn on that Indictment i.
a full admission that the first demand was not made
according OlHw; and we very easily imagine
llot WHcl MS second demand was gain disposed or
by quietly pointing out the very palpabe defects in
the papers upon which il was based, the Loco Foco
Governor OF Georgia was in a pretty considerable
tempest with his Wing EKcelency Of New York.
The whole correspondence when il appears will \
afford rich treatior the Lawyers In the first nacs
the idea OF making two thefts out o. the act Of hur.
boring female slave who did not happen 20 be IN
state OF nudity at the time, Is quite original con-
cepton. Then ngln even n harboring the Save
was according TO the laws OF Georgia a felony
there is no law Of that State which makes a dis.
unction between harborIng a we'll clad or a naked D
negress. How then could Greenmnn be first char.
ged with stealing the Negroes and demand Tor his !
surrender he based on this ground, and subsequent
ly, on separate affidavit not containing the slight
est ausion TO the slave, be charged with stealing
certain finger ring, earring, breaspn, ifock, peli-
cest, and certain uncomfortable female garments .
from this same Fiournoy, when It was quite proba- /
bic that he had never either Flournoy or any
ono OF the articles enumerated This was = re-. 1
hnement on the ncstes Of Criminal Law, which no .
one but Loco Foco Executive would have desired; .
and Il treated precisely us Il should have been
At OH events II should operate as a caution to Ne .
go Stealers TO seize their game in a state Of nudity
or TO leave their rags behind them, as il will lesson
theIr crime materially IN the eyes Of Gov. Nc Don. /
aid.
That his ENeellency Of Georgia is very poor
Lawyer, and was made to appear somewhst ridlcu- |
lous on the as, we'll ni the first demand for tho
surrender Of Grcenman, Is his own fHult-plssibly !
his misfortune; and that under the excitement arts.
ing very naturally from his ridiculous position he
should have mi.stated the facts Of tho case to the