Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-06

lloa was raised, the Executive al new loik dhu uot
Virginia, is entitled to the credit OF raslng It, HE
gentleman from fompkins will observe, on reference
10 the correspondence that though matter OF but III
Tie consequence, yet he has allowed himself to fall INTO
an error IN this particular
ut IS denad by the gentleman from Albany (Nir
"heatnH,) That there waiver made by the rover'
nor OF New York. refer the gentleman in tie first
place ior proof OF waiver 10 the language OF the
governor OF inns State in page "A, OF the published
correspondence upon this subject lie observes, beg
leave, therefore, To state most resrectuy that admit
ting lie affidavit 10 be sufficient in form. md substance
charge the defendants with the crime of stealth.
gro slave from MS master IN the State Of Virginia, de
fined BY the laws OF that State, vet in my opinion, the
offence IS not within the meaning Of the Constitution 81
the w. ,. tanguage is entitled TO the credit Of iavng
meaning at all, seems that the ABOVE indispataby
proves the fact of waiver the part Of the Goernor
OF this State o all defects the affidavit upon which
| the charge was based placing the refusal tn make
The surrender upon other and entirely different grounds
But in the second place, what construction does the
Governor Of Virginia put upon this language; The
latter observes reply TO the Governor oil New York
in page AZ of the correspondence 'Had you placed
your refusal 10 make the surrender upon the ground Of
the (suppossd) defective affidavit upon which the de-
mand was made however widely might and should
| have differed in opinion with you upon that subject,
| would have preferred and should probably have
adopted tie plan OF removing your difficulties by
having It put III an une1ceptIonablc form But you
have rendered 1t unnecessary for me TO pursue that
course, or 10 IN FAVOUR OF
fcency of the affidavit You close the door of inior-
may BY declaring, that admitting Tie a2dari 10 be
sufficient IN form md substance 10 chargs tie defendants
,rtth lhc crime Of stcaiiay siare NC. Quoting the
Governor Of New Yorks language as given above,)
and this construction Of the Governor Of Virginia Is
certainly reasonable and correct cnc and not attempt
ed To be denied controvertcd by the Governor Of
New York III his future correspondence. If the Ezecu-
tive Of Virginia had drawn wrong inference from his
language, would have been natural and proper that
he should have taken pains TO set himself right upon
the subject But he implicitly admits the construction
to be Tie correct one, by allowing it 10 pass
| tradc.ed
When the clerk had finished reading, Mr.. BArLY re-.
sumed
Mr. Speaker, may safely leave the gentleman from
Fauquier the hands OF this member of the Legisa-
ture Of New York. am it is unnecessary for me
add any thing what he has SAID for, his argu
not satisfactory, simple reference TO the cor
respondencc between the two Executives which is in
The members possession, will every doubt and
shew concusively that Governor Seward went out Of
his way TO take the ground he has assumed
The gentleman from Fauquicr also complained, that
in the report Of the seec; committee, and in the b
have connected with controversy with New York,
law Of that State which has connection with the
subject.
Mr. Speaker, again take issue with the gentleman.
not only insist that this law most intimately
nccted with our controversy with New York, but 50
much that il is impossible TO keep il out of view
without losing sight OF more than half OF cur grev
ance. The connection which the law OF New York
had with this SUBJECT Of controversy in its passage
through the Assembly Of that State, already explain
ed the report of the committee Its connection in
subject matter with that controversy also shewn IN
the report, ad;erted TO il too, in detail, IN
my reply 10 the gentleman from Abemarle (Alr Coles
few days since; and have made some, though not
very circnmsantia reference 10 il in my remarks
to-day For what that law passed; To extend
the right Of trial by jury to fugitive slaves: That was
the object for there already the statue book
of New York law doing that. For what then was It
passed. if to make the injury inflicted upon us by
The Governor completes, and 10 lay back upon us, as
showed in my reply TO the gentleman from Albemarle,
(Mr. Coles,) principles assumed IN this contest:
This view of the subject is Important that would
90 over il again it not for the fact that have al
ready extended remarks TO very great length, and
that / am speaking, the House must see, in very
great pain. will therefore content myself with re-
ference to what is said in the report of the committee
and the views taken by the occasion TO which
have referred
1t seems that the gentleman loses sight Of the
gs of the controversy, when he says that the jury las
of New York of May last has connexion with it,
OF what complaining; Is II that the Governor
Of New York refuses 10 deliver up three free negroes
for trial, BY no means The punishment of these ie-
Ions is a small matter. II has frequently occurred that
the demands for the surrender of ugtves from justice
have not been complied with, and we have made
serious matter Of it. But complain that the Co
vernon of New York has put his refusal upon grounds
which offers mpuny TO persons enticng and carrying
slaves of the State that he thereby encourages
the offence, and consequently puts slave property
in jeopardy. We demonstrate agains, his upon
this ground and bring the subject before the Legsa-
ture of his State They not only sustain the Govern
or in this aggression-they not only refuse to control
him in course by which IMMUNITY offered 10 those
who may entice our slaves from us, but they pass
law in the teeth of remonstrance, and seemingly
in answer TO it, by which the recapture Of the slave
thus enticed away is made impossible But, for the
reasons have given, must avoid further detail upon
this point.
The gentleman insists that the bill before the House
is a measure of retaliation. He refers 10 the last
ton, which postpones its operation for time, as
proof that it so; and he asks If such is like
" TO bring ~ York to her senses?
MIR. Speaker, there is nothing Of retaliation in the
BILL and Of all the clauses of it, which strip il Of that
character, the last is most conspicuous The bill is
,irely protective i'll its provisions There is not one
feature of it framed with view CT injuring ~ York;
there is not one which that State, by her conduct
has not made necessary for protection If the bill
were TO 90 effect at once there would be nothing
of the olcl taIonis in it. There would be nothing
evncing disposition to niict one injury to ayense
another But the last section postponing its opera
ton for some time 10 come, shews, not a DISPOSE
ton 10 do wrong for wrong, but spirit of the
utmost forbcarance. Notwithstanding the Governor Of
New York has deliberately taken his course, and per-
tnaciously adhered it, in spite Of our remonstrance
cessiye Legislatures under the most offensive circum-
stances vet we in spirit of moderation because the
measure will be burdensome to New York, delay the
operation of protective measure until the GoverE
nor has had ample time to retrace his steps, and until
another Legislature has had an opportunity OF acting
New York has it in her power at any time TO suspend
the operation of our law simply by complying with her
constitutional duties and the gentleman insists that
the clause of the bill comforting upon her this privilege
proves it TO be measure Of retaliation We pass the
bin because New York has made 1t necessary for our
protection and we allow her, in effect, to repeal IL
whenever she removes the necessity for it. And this
is retaliation. This is acting hashly
Is this bill calculated 10 bring New York TO her
senses: Eminently so, in my opinion. Until we DO
something make this subject practical one, the ci
tzens of New York will take interest in IT. onl'l
then, they will regard the whole controversy as %nr
of words about distractions DO we not see ihal Tue
press of that State already takes this view OF the CUES
ton; And have we not seen them strengthened IN IL
by repetition OF in leading press OF Tins
The people Of New York are emnenty Paae.oa' pe
x,..,r r,ll he able bring them 10 a Sell-