New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-12

from the aaiaavi;s it may properly be. since ii
Is merely the expression Of an opinion. they vii
merely charge the taking array OF the property
winch by itself no crime
ZlV. The Governor OF Georgia Acknowledges in
reply TO this point; that il an instrument De -
garfield as 10 take from every term which gyes
tot 4 specific character, is import and meaning
viii be changed: aad gives to TINS mode oieiuci-
da,ien the credit OF great originality. He main
tans also that The authorities quoted are merei.
advisory and do not sustain iac position tia, a
warrant issued upon All aaidavitchargng thecrine.
without compliance with tie rule would be bad
or inefficient. He cites also ca.e in Tie L 5
Cour, V here the accused was charged with faving
scu,,!ed schooner viii! intention 10 detiaad the
underwriters a. showing that detail OF facts is
no. necessary: and remarks thatif the words c1o-
ted be stricken out, FOR aught that appears. he
scut.ing Of the schooner nigh. have been lawful.
In attempting 20 controvert bycouner.alling proof
the charge of crime tits maintained that Governor
Seward assumes the exercise Of judicial functions
contrary TO the letter spirit and intent OF he Con
stitu,ion and law. Governor Mcdonald cites tfe
opinion OF Chef Justice Savage to Prore tina,
chargs OF crime is all that's necessary, and OK
presses his qualification that Gov. Seward 'is dis
posed to preserve The integrity OF the Union and
hope, that he will show this disposition by surrcn-
dcring the demanded fugitive.
v is maintained in answer that even if the
authorities he quoted be merely advisory, there is
no reason why it should not be adopted by C.ct
Il !,
principles were presented in the form Of advice.
With reference to the case in the L. S. Court quo
ted, the word scuttled is sufficient 10 define the
crime whereas the words taking away involve no
crime whatever He recapiuates the grounds OF
ms decision and again refuses compliance with the
reQuisition.
". The mex, document consists OF a lelierirom
Gov. Mcdonald transmitting an ndictmcn; by the
Grand Jury OF Chatham County, Ga.o l,tee
counts: charging Aanson Greennan, the first
count wilh=smpc larceny in stealing the slave Ne
zia; the second with enticing slave away froul
her owacr; and the third with The offence OF har
boring II slave. The Governor says that This i the
same person whose surrender=was formerly de-
manleJ an, refused and he now, by yirtlIr Of this
certified copy OF the bill oi.indctment,=deinands
the arrest and detention Of The accused.
VII Gov. Seward in reply states ifat the lcqni-
s,ion OF the Governor Of Georgia is on charge
of simple larceny he third count OF the nd!ci-
men1 charging the accused with harborihs siave,
has nothing TO do with larceny and does noizsus-
tain the requsition. The second count charges
Greenman with kidnapping ahnman being hut rs
nor on This ground that the demand is made. ne
reousi,ion therefore rests who'll onihe irst count,
which does no, allcge that the taking away OF The
slave was irlonious and will! intent TO convert
70 his own=use, rs is essential TO an ndict-
men Tor larceny. The Governor therefore declines
TO comply with the equislicn on this ground, al
,he=sam time lcserving ,hezquestion whet!.rr Il
human being Gun bcregarded as the SUBJECT o. lar
cenv.
VIII The letter of Gov. Seward i said 10y
Gov Mcdonald in his reply TO be hte.lno'c than
AN Informal demurrer To the bill of indictment l.
i i said ,hu, no authority was adiuced 10 support
the position that an intent 10 convert goods I" TIE
pse oc he takers essential 10 an Instrumentation
i larceny; and after the CORE pondcAce we haze
had. saws Gov Mcdonald, YOU ",ll carbon me
Tor moi ,aLino vour Excellency sasselton teraia".
RI, refer. Gov Seward to the Digest 81 u" law
of GEORGIA. =, ascertain il tn, Indictment be s'lii-
cienr. am, saws lha, nasnuch a. the stolen N's
bora slave the phra>c;o rega1@ her liberty n'"d
/ by Gov Seward. was rot eppropuaie. Tie stel'>
that the purpose OF our Governor 10 disregard Tic
provisions of the Constitution S#'on plainly init
mated 10 be misunderstood, aud threatens HIM
with consequences If he persists in this attempt
to dissolve the Union.
TX. In reply to this, Coy. Seward recounis the
difficulty between New-York and Virginia upon
the question Whether inducing slave to leave
his master was II crime within The meaning oi the
Constitution and s,a,c> tia, thu rsqnjsision Of
Coz. Mcdonald, had the proofs accompanying It
been sufficient would have presented the -'i''
question Gov Scware! expresses f's Willingness
TO discuss the same quesiioawlh tie l1ayernar Of
Georgia since ne seem 10 have desired ir:#but,
unfortunately he had suffered become e1.bal-
rassed. by seeking 10 combine Will! ilc charge a
stealing u slave that OF stealing the garments uPon
her person. and by certain esal norma!itieS At;ey
these were pen,ea our, i, pleased tile Governor OF
Georgia 10 >uperscde the former case bi Teq4'-
>i,jon. founded on an Indictment changing i.ce
di.,inc, offences The last letter, however, insists
only on the charge vi simple larceny he case Is
thus greatly simplihed; and with reference u, tins
only remaining point, GOV. Seward maintains that,
AZ presented by the affidavit, the offence CHARGED Is
no,hing more than a trespes> and shows that II
conno, be larceny, as charged by various authori-
ties Being thus agreed on THIS point, II had been
hoped tia, the demand would he withdraw, and
the consequences SO empilaiicaly deprecated
,ims ayerted Bu,nstead 0! tins, Gov. Mcdonald,
~, &c his desire 10 remove al remaining difficulty