New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-11
TIL 3 TRIB u N E .
HcvYofk- cad Virginia.


brief abstract yesterday, find long CORES rsnd-
.pce between our Executive and the Lieutenant
Governor of Virginia peing discussion of oues-
lion, growing out Of Gov SEwAnp's refusal TO de-
liver up certain persons charged with having stolen
slave from Virginia. As the subjects of these
papers are of high and permanent interest, rc
deem j: important TO place before our readers
summary OF the correspondence.
[. First is letter from Gov SEWARD dated
June 6, 1871, acknowledging the receipt of Mr.
RrTHERsonr's communication Of May 3, l64l,
giving the first official information concerning
law passed by the Virginia Legislature 10 Establish
an inspection of all vessels leaving the ports Of
that State fer ports of Ncw-YorS Gov. Seward
says that as New-York is, like Virginia, an inde
pendent State, the first question, concerning the
surrender of these men, becomes subordinate and
j;s farther consideration must be deferred while
the injurious act remains in force Rccapitulaing
the circumstances Of the case ne shove that there
no evidence that this State has any disposition TO
carry away slaves, or to give iinpuniy to crm-
mails: only single requiston nude by Virginia
has ever been denied, and this was in a ca Sc where
the charge was informal and defective. Upon this
defective Virginia has chosen to raise ap issue
whreiereEce 20 the abstract propositon advanced
By Gov. Seward that the act charged was not q
crime within tie meaning of the Constitution
The Virginia act contains prcYisi"a Tor a repeal
whenever the Legislature Of New York shall re-
.cal The extending the trial by jury fugitive
slaves and when her Executive shall surrender the
three seamen. The Gov vndlcaeo the ,.w from
the charges made agansti and replies ia the state
uent that 1t 10 not the surrender ofthe ugitvcs SO
much as the remuneration of principles that lie
demands. Gov. Seward says that the ubstrac,
principles and opinions of the Executive Of State
or nation have never before been made l. ground of
CONF lant, retaliation, inspection, reprisaI, war or
other form OF conflict, and that it remains for Vir-
sinis, to shou that she has a right to prescribe
principles and dictate opinions to the Executives
of her sister States In conclusion lie assures
Lieut.. Gov Ruthcr ford that there is ne reason to
expect compliance with either Of the demands
upon which Virginia insists New-York will do
nothing il :ho premises.
ii. Lieut. Gov. Rutherford, in his reply dated
July "a, regrets the decision of New-York and
feels it his duty make one more appeal to reason
and Justice. He says that Gov. Seward had pre-
yiously expressly waived the ground OF inlormalty
and hat no he'd afierward brought il prominently
into view He reminds him also that the law is
not vet in force and may never bent the reasonable
expectation of Virginia are; complied with. hat
ever NAV have tenn the disposition or the motive
Of New-York, the act: her Legislature has passed
and the course of her Executive are held to be IN
furious to the security and value OF the slave pro-
perry of the Southern States, whose duty 1t be-
comes to adopt treasures of self-protectlon That
only single denial has been made is OF no I'M.
purtance, since the principle involved III that de-
NAL would rejection OF every other feelu'S'.
ton Of u similar character. The right OF trial by
iury Lieut.. Governor r. holds sacred as any one
can but only when the jury is impartial, and TINS
he contends cannot be the case where 1t Is openly
proclaimed that human constitutions and laws can
not convert human beings into chattes orProperty.
te maintains also that the act OF the New-l DIRK
Legislature does allow the same privileges TO
master claiming his fugitive slave, as II grants TO
the slave himself ana that it, moreover, conillcts
with the act of Congress which authorizes the
seizure of fugitive on the certificate of q Federal
Judge or State Magisira,e-hy requiring jury TO
be empanelled TO ascertain the facts, nor is 1t any
sufficient answer to this TO say that if the act be at
variance with the Constitution II is void tor tins
answer imposes u duty as oncrous and obnoxious as
the law itsclf-namey, the duty of prosecuting the
matter in tn. courts of law. AtheushZhe sull
maintains that the controversy is of principle,
Gov. Rutherford urges that il is no longer an 80
10, oil. M hy(,
much as is attempted to be enforced against IT.
glnia In conclusion he cites the clause 0! the
Constitution upon which the demand of Virs'nl Is
founded-and contends that the State demanding
the fugitive is the only Judge concerning the char
scer of the act charged acrme.
Ill Gov. Seward, in reply, insists upon the IN
constitutionality of the act of the Virginia Legs
la,ure, inasrnuch as the right regulate commerce
between the States rests with Congress alone and
NO State can hare any right 10 impose restrictions
or restraints upon the commerce OF another otate'
If one State has this right, any other mas IT ana II
this were indeed the case. the establishments OF h
Constitutions instead of securing the more Feilec'
union contemplated BY it's founders. would produce
anarchy and end in dissolution. And even granting
all that IS Claimed ov iFSlhia sun IL - "i''
that j, belongs to ner, being the first offender, 10
make the frs, advances toward reconciliation
With reference to his abstract opinions on sla-
very, severely commented upon BY Lieut.. Gov.
Rutherford, Gov. Seward says:
"The august Congress Of statesmen who laid
tho foundation of the Constitution most emphati
callv declared that all born free and eQsal
and have nallenahle rights inconsistent with every
form of slavery. 4 citizen of Virginia, who was