New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-01-12
7 H E L r IB U N E..
New.York and Georyia,

CHARLES j. McDoSALD, Governor OF Georgia
and Gov. SEWARD. A. this differs sornewfa, il
It's character from that we have already noticed
present belaw = summary ofthe several Official
communications.
!. The first IS a letter from Coz. Seward &C
hnowledgns the receipt Of requi-iton from the
Governor Of Georgia for the surrender OF John
=Greenman. The gequistion states that he is char
gcd with two larccnies, and it is accompanied by
t"o atidavits signed by K. ". f!ourney, one OF
which states that =Cireenman on the 18th 4 pril.
1871, did feIonieusly steal, take and carry away
certain article. Of clothing and ornament chu,ne-
rated; aud the other that he did feonionsy steal
take and carry away a negro slave named kezia
Governor Seward replies the requisiton that
the attidavits are defective, not showing enough Of
the circumstances OF the transaction alledgcd TO
enable him to determine whether the taking away
was feonious. Persons and property may be Ia
ken away in such manner not 10 constitute
stealing. The question of taking away is one of
fat. TO be established by oath the question vine
fel the fact proved is ieonleus is ono of law TO
be asccrtaned by the magistrate from the facts
proven These nttdayits containing no statement
of facts and circumstances, can only he regarded
as an expression OF the Compliments opinion tina,
the felony, and for this opinion the com.
planant cannot be held responsible by any legal
process. Gov. Seward says that although salts.
fed tina, tlo atidavits would not warrant the fugi.
ives arrest, he had inquired into the facts of the
case of the agent charged with The requisition,
and had learned that the accused was seaman,
and tina, the slave was found concealed on board
his ship, under his care; and The accused in no
other manner took the articles of clothing named
in The affidavit than by enticing the girl in whose
possession lhty 10 escape. AS to the moral
character of the acl, Gov. Seward says there can
be no doubt; bu, the allidavis do net Justify him
in arrestng the fugitive. The act which he up
pears to have committed cansolbc separated into
TWO crimes the reputation has attempted TO do
The goods evidently never came into the pos
session Of the accused and without evidence Of an
inentto appropriate lemo his own use be can.
not be charged with larceny The Gov. declines to
insist present upon the opinion held by this State
that the relation OF master and slave docs not con-
stitutc in the latter property so that he may be
stolen but .nain,ains that she voluntarily
abandoned her master uud walked of her own free
will TO the ship, and as the accused exercised no
power over her, be cannot be charged with lar
ceny.
II! In reply Governor Mcdonald states that
the object of the Constitution is 10 secure the ar
hpy,
flee, to be tried in the State from which they may
have fled and not to try them in the State where
they NAV be- iouad The afidavits submitted, he
contends, are sufficient to justify magistrate III
Georgia 10 issue warrants for Greenman arrest
and are therefore sufficient to authorize his sur
render by the Governor OF Ncw-lolk lhey hav,'
all ,he validity of bills OF Indictment which atezno-
thing more than u charge OF crime Gov. Seward
therefore has no right 10 inquire into the tclonouS
intent of the accused aud even if.hc had, II * held
,ku the Eight OF Grcenman j. Presumptvc cvl-
dencc sufficient 10 Justify his detention. buisGov.
Mcdonald will not atl,Alt that the Executive on
whom a demand is made, has right I" hear teSii-
mouy 10 determine the teloniou. intent OF the ac-
cused. lf this were the case tho provision OF the
Constitution for hc surrender OF tusltves would be
.mpractcable and rionScnsical. Duly appreciat-
ips the motive which induced Gov. Seward TO IN
aure into tEc facts of the agent Gov Mcdonald
maintains that to allow the statement OF u person
not sworn 10 outweigh the evidence al nzunIm-
penchcd witness given under oath, can be lust'hed
by no princip!e. Nor is the plea that the slave
walked away OF her own free wilt OF any taIce
for he who empts his ncighbor,s horse with
bundle OF hay from his owners enclosure, though
he never touches him, and though the ANNA
walked Of his own free will, is as much teior
as he who brides and rides him away. Gov Nc
Donald propounds sundry questions concerning the
opinions Of New-Y ork, concerning the power;
granted hv the Constitutions and says that whe'
they arr, answered he stali DC better enabled Il
comprehend the doctrine that slave cannot be
stolen ard to appreciate Gov. Seward $ reason
ips.He also insists that the theft OF the oianSets
&c was crime distinct from the THEFT OF the
slave and calls upon Gov. Seward TO review and
reverse his decision.
HI Gov Seward in reply reviews the ground
assumed ia his former letter and insists upon The
opinion tina, mere assertion of criminal act
without, 4 de;ail OF the facts and Circumstances IN
an affidavit, is no. sufficient TO warrant an arrest
He supports this by pertinent quotations from va.
rous authorities, and still adhere. 10 thi, princi
cple derived no, ro,s the cnac,ments of any State
Legislature, ut=from the common law. received
IN alllhe States. Rescrving the question whether
had the case been presented b. an Indictment OF
Grand Jury, i, weuld not he within his power te
inquire into the facts OF the case. Gov. Seward in
.ists upon the difference between such ndic,rnen
and the atiidavit OF an individual. With regard L
the several questions propounded by Gov. McDo
pald, he bcgs to be excused from discussing then,