Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-06
SENATE OF VIRGINIA Thursday, .sareh Is.

So from lis former bonds released in vain,
feels the weight Of that remembered CHAIN
SENATE OF VIRGINIA Thursday, .aareh Is.
NEW YORK AND VIRGINIA.
On motion of Mr.. LYONS,
The Protest offered by him Yesterday, andordered
to be laid upon the table, taken up; and, on the
question put thereupon ordered to be inserted IN the
Journals as follows
The undersigned members Of the Senate OF Virginia
who were opposed the passage of the act entitled
sAn act, prevent the citizens of New ork from car
rying slaves ont Of this Commonwealth, and 10 pre-
vent the escape of persons charged with the commas
sion of any crime, having been denied the oPPorsun',
" of presenting their views in opposition TO the sara
bill in the form of substitute for the same, by the man.
in which pressed through the Senate oeem !,
duty to themselves their constituents and 10 inc
country to enter this, their solemn but respectful
Protest against the said act and all the i'll consequences
which they apprehend will flow from It, 10 correct
understanding of the position in which we nave oeeh
placed brief narrative is necessary he SAID act was
passed by the House of Delegates on the l2h day ell
March, lS41 and communicated 10 the Senate, and was
committed 10 the Committee on General Laws and or
dered be printed the next day II was CONSIDERED
By the Committee and reported TO the Senate; very
soon after it thus reported, on the same DAY, was
called up by its friends The opponents Of u asked
that it might lie upon the table until the next day; that
was denied them, and they then asked that II NIGH,
lie upon the table until the afternoon OF that day. 10
allow time to prepare and present substitute Tor II;
that also denied to them, and by the relentless
power of the majority, the bill was pressed through
the Senate on the day which It was reported
by the Committee. The views of the undersigned IN
respect the rights OF Virginia and New York IN the
controversy out Of which tins unfortunate OIL has
sprung have been expressed in paper laid before the
Senate Of Virginia time since, and printed, out
not spread upon the Journal, and which we now moor
porate this protest the only means OF spreading our
opinions upon the record upon which the bill
stands and for the purpose Of showing to the world
that while we could not consclentousy vote Tor the
bill in question, opinions as 10 the rights OF fir-
GINA 10 protect her slave property, and punish all
who may invade ii, As fully made mp as those OF
any other citizens tins State, and that we are pre-
pared TO sustain them al every hazard. But we can
not consent set the Constitution aside and put The
Union in jeopardy, until all constitutional means have
been appealed to- and found inadequate TO our protec
ton.
The paper referred to containing an expression of
our views, is in the following words:
"The General Assembly Of Virginia have seen with
deep regret the refusal, second time, by the Governor
of the State of New York. to surrender upon the de-
mand Of the Governor of Virginia, +. Johnson, Ed
ward Smith and Isaac Gansey, who duly charged
in this State with felony, stealing slave, the pro-
perty of John G.. Colley, Of the Borough OF Norfolk
In this refusal the General Assembly know they have
much cause of complaint but they forbear 10 urge it,
or at present resort to legislation Tor the protection
Of the property of the citizens Of Virginia. and the con-
stitutional rights Of the State under the belief that the
thus invaded either and will not justify that nva
son and that to them, the comfy OF the States and
the just regard entertained for sister State, requires
that appeal should he made before any Interior
is resored to- especially as the Legislature is
sitting, and know has the subject under It's consde
ration.
The General Assembly deem ii unnecessary to enter
in detail into the argument, by which the rights Of Vir
gna to the surrender Of the fugiives demanded, IS
sustained 1t has been fully and ably presented by the
of EIrpinIa his correspondence, and NAV
be summed up in few words
By the second section of the fourth article Of the
Constitution of the United States, il is provided that
ia person charged in any State with treason, felony
or other crime who shall flee from justice and be found
in another State, shall, demand Of the Executive
authority of the State from which lie fed, be delivered
up to be removed the State having jurisdiction OF the
crime.
BY the Common Law Of England which appertains
in Virginia, BIZ the Civil Law and by the laws OF every
State Of this Union, theft is crime. By the Common
Law "plan theft is defined to be .'the felonous
stealing and carrying away OF the personal goods oil
another" BY the Civil Law It Is defined to be "The
fraudulent subtraction of thing from the person to
whom il doth belong in order 10 appropriate il
SELF or make of it against The VIII OF the owner
And by the Divine Law, we are told "thou shalt not
steal nor even "covet thy neghbors goods, nor ms
man servant nor his maid servant, nor any thing that
is his
The stealing of the property of another, then, is
ucrime by the Laws ofeyery country and by the Con-
mon Law and the Statute of Virginia is "elony, and
property the creature of the law of that country IN
which Il is. In Virginia. slave is as SERVANT was
in the days of Moses property; personal property oil
goods and is recognized as such by the Constitution
Of the United States Art ], Sec Fad, paragraph 3rd,
and Art l. Sec. End, paragraph 3rd and the right OF
property in him has been acknowledged IN every State
in the Union in which the question has been made To
steal slave then is to steal property, c'goods, and
!, therefore ga crime and "ieony within the mean
inu of the Constitution. Again: the trial Tor c!:;,r
must under the 3rd paragraph OF the Sno Sec oil thr
3rd Art of the Constitution or the u States oe heo
in the State where the said crime shall have been COM
ned;" and the surrender required 10 DC mace oy Tue
second paragraph of the I'd of the 4h art must be
made so The State haring jurisdiction Of the CRIME.
The surrender then to be made for trial. and no STATE
has jurisdiction of any crimes but those committed
against her laws Virginia cannot try one tor v'ca'
ing the laws of n York, n York for violation OF
the laws Of Virginia. The 'crme, therefore, IN the
meaning of the Constitution Of the U s., is crime
against the State law, when that law is not in conflict
with the Constitution. Equally clear is it, that the
.crme need not be of "great peculiar atrocliy,
for BY the terms of the Constitution it may not amount
even to the grade of felony, and the demand may
he made and must be met The terms of the Cons,itu
ton are "person charged with treason felony or other
crime. Sc" The Governor OF New York yields the
whole question, however, when he admits that the
f;f; 20 NAV be demanded for crimes "deepy affecting
the public safety for it is only necessary to state the
case 10 show that few things can more affect the ne'
rest and safety of the Southern States than the ght
citizens of other States within their ims ana
with immunity tamper with and steal their slaves u
would be worse than useless therefore, to inquire wat
ia NAHUM in Sc" or acknowledged as CRIME oy Tue
civilized nations of the world" One or two illustrations
may be given, however, to show the aosura"y as
"a DANCER of the rule proposed by the Governor OF ~
L.rb flor of compact