Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-18
(ANOTHER CASE
"Erecntire Department,


ssEreentire Department. March 10, leil.
"a demand from the Governor OF New fork tor the
surrender of Robert F. Curry, charged with the CRIME
Of forgery under the laws of that State, was this day
presented BIZ John d. Dix, the accredited agent OF the
Z. cu,ve Of New York, together with duly certified
copy tho grand jury ofT"mp
kns county in tie State OF New York against The SAID
Curry and il being stated that the said Curry has been
arrested and is custody within the jurisdiction
Of this Commonwealth, il is ordered that the demand
for the SAID Robert +. Curry is in proper form, AMI
viii be- complied with whenever similar demand Tor
the sGrrender of Peter johnson, Edward Smith and
Isaac Garsey, heretofore charged with felony under
the Laws =! ;a's State, shall be complied with b. the
Governor other authorities Of The State of New ok
1T is farther ordered to be certified to the Governor
Of New York, that will he taken for the de-
irn,on of the sa Curry for six months from the time
ot arrest aperiod sufficient, it is hoped &c enable
the authorities Of that Stale to determine whether the
Constitution and laws under which this demand il
made Of az binding force the State of New
York the State Of Virginia
By order Of the Governor.
WM. III. RICHARDSON,
Secretary Of Commonwealth"
The above crder saews the course which Gov. Gllmer
las e himself constrained to take, when called upon
e discharge an admitted constitutional duty, by the
Executive of New York. Curry, the person referred
To- i confined in Wheeling.
Night not the Executive Of y. York have had some
expect that the Gov. Of Virginia would pur
hs Ii the Executive of y York refuses TO
discharge has constitutional duty n a case in which
interests concerned, might he have expected the
Governor Of Virginia to observe that duty, the de-
inand Of New York in which she is interested:
Does h not that h putting himself out of the pale
OF the Union, he deprlves himself Gifts benefits:
II w'I be seen that Governor Gilmer admits his
sthu'cna duty TO surrender whenever Gov. Seward
puts himself IN position 10 make the demand. Gov
Seward clearly has RIGHT make the demand, upon
HIS own principles. Tie makes II in a where for
gerry the crime, and in the correspondence with our
Executive lie classes that offence among the lesser
crimes which does not within The meaning of the
Constitution. In making this demand he virtually
abandons tins ground.
The position into which the States Of Virginia and
New York are thrown, strongly demonstrates the wis.
dom Of the constitutional provision providing for the
surrender of tugitives from justice.
Our ancestors foresaw, that the intimate commercial
and trading intercourse established between the States
would greatly facilitate the escape Of feons from one
State 10 another They foresaw that unless pro.
vision made for their surrender, each State would
be made refuge for the criminals Of every other State
Hence they incorporated in the Constitution the 2nd
clause Of The 4th article.
Tic change which has taken place in the country by
he introduction Of steam and railroads, upon which
,ncn may travel, upon the wings of the wind, has
increased The necessity for such n provision. If the
course of Gov. Seward should be followed by the Exc
crtves o the Of the States the Criminal Code of
all would be virtually abrogatcd There few crim-
nas with the present facility Of travel, who could not
escape expiating his crimes.
Tae course Of Gov. Gimer will bring before the
Executive Of n. York, practical illustration of the
falacv and dangerous character of his conduct. What
other opinions may be entertained of Gov. Gil
mers conduct, all will agree that spirited We
have had no time it, in all its bearings We
can therefore pass no positive opinion upon the case.