Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-07


| rights at every hazard.
This question is well put and argued BY Goycrno,
Campbell He not only opens up the first history d
the facts bu, he points out the consequences Of H..
wrongs which have been perpetrated upon ~ II ae
| submit To them why does Governor Seward and Il I.
defenders ahomt this being the first and only
which has occurred II will give rise 10 many ct.e
10 every variety of kidnapping and stealing Of our
slaves if mpunity is no,c extended TO the clon Gu.
vernon Campbell shows the deep interests involved
in the discussion and calls upon "to meet ii !,
once, and insist upon shts at ery hazard Ii
such be the fact and the consequence OF tins aggression
what then becomes of the extraordinary language QUO
ted by the Wing, that insisting upon mere ZAP
stractons, "transcendental distractions. We shall
not bore readers by any elaborate criticism the
course of the Whig-which has published the two
unfortunate Protests in both Houses OF The Gene
raj Assembly, without to this moment, a. we believe
publishing either the mastery reports of the House Of
| Delegates at two successive sessions, the able cor
respondence of Governor Gmer himself Iii untor
tunate repeat, that these Protests have been writ
ten or published they calculated 10 weaken the
moral force Of appeal to New York, and the effect
Of the law which has just been passed
To pass on however, to the history Of the facts of
this transaction! The Message of Governor Campbell
was accompanied with the correspondence, which hat
taken place between Lieutenant Governor Hopkins
and Governor Seward. They present the following
History Of he Case.
On the 22d July. 1889, Miles KING, Esq, Mayor Of
c. Colley of that borough made affidavit before
him that Johnson, Smith and Gansey, now attached
to the schooner Robert Center, at present IN New
York, had ttloniously stolen and taken from sad
Cocy certain negro slave named Isaac the property
Of Coley.
Governor Hopkins, sent on 10 the Governor Of y
York on the 18th july by John Caphart, an agent ap.
pointed for that purpose.
On the 30th July, Mr. Caphart delivered the requt
Va Tlnf
tilted informally through his private secretary, that
"The papers annexed TO the requistion are IN some
spects defective and unsatisfactory. Especially
they defective in proof that the persons demanded
ugltives from Virginia. or that they are IN tins STATE
The applicant may supply this proof On The other
hand inasnuch the offence IS one OF a grave cha.
racter and the requsion demanding the surrender Of
three persons supposed 10 be citizens Of this Satr,
grounded, not is customary upon the finding 81
grand Jury but upon brief and somewhat unsatlS.ac
tory affidavit, the Governo. deems u ms duty 10 give
them an opportunity to be heard before deciding upon
the requistion" The Governor promised 10 pass
upon the subject in a few days" He directed copy
of this note be delivered 10 the applicant, and 70 Ie
delivered to the three PERSONS charged with the felony
who were in custody in the city OF y. FORK. tap
pears that the Recorder of New York discharged these
three persons upon habas corpus upon the ground that
according to the testimony then submitted 10 HIM
ssnellher Of the prisoners had committed an offence
even against The law of Virginia, and that the estl
mony not such as 10 authorize Tue detention y lhe
prisoners.
Not hearing further from Gov Seward, the Lieu'e
nant- Governor Of Virginia applied TO hm on the SON
August for the result Of the disposition which he hat
made Of it, I'VE have scanned particularly the cha
racter of Mr.. II. Ii IS respectful, guarded and
narrow in the scope which It occupies II moo's no
ground of contenton--no principle Tor discussion !!
was the Governor Of New York who began the abstract
dscussion-not Mr. Hopkins We beg the reader u
take this recorded fact along with him.
On the 10th September, the Governor OF New lo'.
replies lie assigns the Of his silence thai
the slave being restored and the prisoners being cis
charaed and lie having received no farther application
from Caphart lie presumed that Caphart had abandoned
the application that he acquesced IN the decision .!
the Recorder. lie then proceeds 10 examine the sub
ject He repeats that the affidavit IS defective q
substance because does not state the place, tn
county, nor the State, in which the alleged felony
was committed" &c,-but 81 very cheeriuliy SAY.
he) concede however, upon more careful perusal q
the paper, that the avermcnt On the Leutenant.G1,
yernors requstion) that the accused now attach
ed to the schooner Robert Center, at present IN New
York is sufficient 10 show that they we're in this Sae
the time the requiston was issued. Gins beng
one of the defects alleged by Mr. Batchord) &c. Bt
the Governor goes and says, that II IS by no meai
his swish to protract unnecessarily the correspondent
upon this subject to avoid decision upon the lmpoF
tant principle il Involves tie then states most res
pectully, that Submitting the GGdara 10 Ce s@lfaoEm
form and substance, &c. &t, yet IN ms opinion mt q
fence is not acithin the meaning ofthe Constitution = ~
T. S." lie then proceeds to argue tins proposon att
upon the grounds quoted by Gov CampbelIs Message
We make the following extract 10 show that It wa Is
mot Lieutenant Governor Hopkins) who Introduce
into this controversy "the law of nations
81 do not question The constitutional right Of St'a
to make such penal code II shall deem Necessary
or cxpedent, nor 90 claim that citizens OF another
State shall be exempted from arrest, trial and punsh
ment in the State adopting such code, however dte
ent lis enactments may be from those existing N th
own State. The true question IS, whether The stat
Of which they are citizens Is under constitution
obligation TO surrender It's citizens 10 be carried 10 c
offended State, and there tried for offences unkaoNG
TO the laws of their own State ! believe the right
demand and the reciprocal obligation, to surrendr
fugtives from justice between sovereign and ndepef
dent nations defined by the law of nations, lncut
only those in which the acts constituting the q
fence charged recognized by the universal law
all civilized countries. think Il is also well undt
stood that the object of the constitutional provision
question was TO recognise and establish this prncP'
III the national relations Of the States ndependef
equal and sovereign communities AS they could Ton
treaties between themselves IL was necessarily
grated in the Constitution. cannot doubt that ~
construction is just" &c, &c, with world more
such ilumnery.
Mr.. Hopkins answers this tissue Of sophisry. u
4 long and very able letter Of the iih October, !.
He tells Gov. Seward CHAP you pi0ced y0ur r.tE
10 make HE surrender upon The ground cf tie sulYo
defeetire Gfidarn upon rhich the demand met
however widely might have differed in opinion =
you upon this subject, would have preferred, q
should probably have adopted, the easier plan u rem
ing your difficulties by having put IN an "ne5r't
abie form. But You have rendered it unnecessary
me to pursue that course, 10 urge any arguments
favor OF the sriicency of the affidavit lou ciose
door Of informally by saying, that admittng III" q:
dayit to be sufficient" &c, &c, ''yet in my opno'
the offence is not within the meaning Of the Const'-
ton Of the u. s. The Lieut. Governor then procere'
10 refute the argument Of MIR. Seward-even upon y
own ground (the Laws of Nations)-and after ha'"'2
ably reiuted that position Mr. H. proceeds 70 b'n-
"obga.ions of the Federal compact TO bear dfec':
upon his adversary lie tells him-"Wh,lst M.
therefore proceed 10 show that this principle .: me-
national law in the absence OF all positive ageemta
applies, in full force, and with peculiar fitness = ~
relation Of the twenty-six States of conicdr'a
il fortunately becomes unnecessary TO do so, from
fact, that the States themselves have long since g
verted the abstract principle into express pro't
Of their fundamental law" Mr.. ii. then takes "
matter upon this ground, and brings the prorls''n
the Constitution TO bear, with great force, upon
81