New-York tribune., 1841-12-02
The Georsin Conrrorers1.

The Press Of late, has commented very freely,
upon an alleged difficulty existing between the
Executives Of Georgia and New-York, growing out
of the refusal of the later surrender fugitive
from Justice. In Governor McDosALDs mes
sage 10 the Legislature Of Georgia on the I'd 81
Nov. he says:
I'm April last, John Gree,man otherwise called
/ Alan,on tireenrneu stole negre woman the slave
Of Rober; w Flournsy, and escaped TO the State Of
New york An affidavit of the fact made by
NJ. Flourny ". which, after the Authorization re-
quired by the OF Congress. was transmitted TO the
Governor of New York. with demand for his
and delivery 10 Frederick huntington who rsas
stituted the agent of this State receive him. al!
though the affidavit charging the offence is positive
and unequivoeal conforming in all respects the
act Of Congress- the Governor OF New York has de-
anded proof OF the facts and circumstances of the
case before he will order the arrest and surrender
the fugitive. This proof, although entirely conve
uen,, l decliRed procuring. and fully satisfies
that had complied with the letter and spin; of the
Constitution and act of Congress
Being u, Albany very recently, inquired OF
Governor SEWARD the particulars of tnis case;
and he, very chcertully, permitted Us TO read tho
whole of his correspondence with the Executive
of Georgia on this interesting and amusing sub
ject Deeply impressed as We ever have been, in
regard TO the importance of respecting the pc
culiar institutions of the South it is unnecessary
for Us TO assure readers that snail never be
found advocating defending Abolition sent-
nents At the sume time, however, that We Shall
always endeavor 10 incucate due regard to the
obligations imposed upon the free States, Of
spectag the Institutions Of The South, shall
yer attempt to defend the authorities OF the South
in arrogating to themselves any constructive
rights not very clearly warranted by the Con,tiiu
ton of the United Stutes.
From the correspondence between Governors
SEWARD and McDoSALD, it appears ,hat IN June
last, a demand made 10y The latter functionary,
for the surrender of ono joins GREENAAS, com
mon seaman, charged by the affidavit of ROBERT
W. FLoURNoY, with Grand Larceny in TWO sera
rate instances, and Two separate and distinct
utiidavits The one setting forth that the .aId
Gree,man had stolen from the said FiOurn0y,
certain wearing apparel and trlnke,s; the other,
that ne had stolen from the same individual, the
person and body OF female slave.
The Governor OF Georgia admits in his cores
pondence, that the only evidence of thett consists
in the fact that the slave, with certain wearing APP
parel on her person, was found In company with
Greenmaa board of ship, and 1t Is not pre-
tended that either she har clothing ever In
Greenman's possession with view to kidnapping
bat that ii was the design OF the slave 10 escape
into Free State
The affidavit charging Gresnmon with stealing
the wearing apparel and irinkets, was on lis face,
dcjective, and would not have authorized the az
prehension OF person charged with theft IN tins
state, because it did not forth that The goods
alicdged to have been stolen, were found in his
possession; ia any way whatever set forth facts
and circumstances, to enable the Executive 10
Judge whether the crime alleged, had actually
been committed. Nothing can be clearer, than
that five were togo To the Police Office and swear
that John Smith mad stolen from fifty dollars,
IT would not be good ground for the issuing war
rant for his apprehension. The fact OF the hct Is
II question upon which the jury are TO pass and an
application for the arrest of an individual on the
charge OF larceny must forth the particulars OF
the crime charged the Justice, or person to
whom the application is made being the party to
determine whe,her the circumstances set forth
warrant the suspicion Of crime; and ii so, he or
ders the arrest.
Suppose, for instance, \. b, being entrusted
with The money of c. d.. should retain portion
OF it in his possession instead OF paying 1t over ON
the day that he had agreed TO do Morally,
this would be Stealing; and yet 1t Is not stealing
in the eye of the law and consequently, II A. b.
presented himself before the proper officer Tor The
arrest of {. d. on an affidavit that he had been
guilty. of theft the officer would very properly re-
fuse the warrant until he had examined into The
circumstances of the alleged larceny. And such
is precisely the course pursued by Governor SEW
AID. The demand for GREESMAS was made upon
TWO naked athdavils tor theft; and the person ap-
pointed to receive him fugitive from justice
informed Governor SEWARD that the wearing ap
pare and trinkets which he was charged with
stealing were those the person OF the NegreSs
- I.,.. ha,,
Now it is not pretended thar these clothes and
trinkets were q, any time removed from the person
of the slave, or ever in the possession of Green
man with view ef converting them his
and of course, he could not be considered as hav-
ing stolen them except in the alleged siesliag the
woman and that in fact, there WAS but one crime,
although tsco separate thefts were alleged.
Under these circumstances, Governor SEWARD
addressed letter to Governor McDoSALD, setting
forth that the aiiidar,s uson which the demand for
the arrest and surrender OF Greenman was based,
were not such as would warrant the arrest OF any
individual in this State charge OF larceny;
that while they charged theft in two different IN
stances they did not set forth any of the parucu-
lars accompanying the larceny, in order TO enable
him to Judge whether he had in fact committed
crime in the eve OF the l1r, only IN the Judge
ment of Mr. RoBERr w. FLosRsoY. He says
very properly that, although he does not question
but Mr.. FLoURNoY believes Z larceny has been
committed, he may be in error with regard to the
nature of the crime. That if So ii i, q mere error
in judgement for which Greenman is not liable TO
punishment; and OF c-urse, tina, the liberty OF q
citizen Of th. State csnno, be abridged, hin per-
son seized and sent to Georgia, upon what may
hereafter prove 10 be simple error in judgement
on the part of Mr. FLouRSoY as 10 what consti-
tutes larceny.
Subsequently, Grand Jury Of Georgia found
an indictment against Greenman, and Governor