The sun., 1873-08-07

York, upon whom Gov GAYLE made his
demand for the surrender OF WILLIAMS.
was WILLIAM l.. MARCY. Gov. MARCY was
a warm personal and political friend Of
VAN buren,, and n decided opponent Of
the Abolitionists, and he well knew that
this requisition was made upon him to test
the fidelity of VAN BUREs's Northern sup
| porters to what was called Southern rights.
But MARCY was lawyer. a publiOist,
statesman, and hal been an able Judge OF
l our Supreme Court lie refused to yield
to the demand of Gov. GAYLE. and III an ar-
| gunent OF rare force and clearncss showed
most conclusive,y that nnsmuch as Will
LIAMs was not in Alabama when the
EmdncipdtOr was circulated there and
had not since been within the State, there
fore he had not fled from it, and hence his
case did not come within the constitution
al provision above quoted.
This ended the controversy, for every
body capable Of forming an opinion upon
the subject regarded GOV. MARcY's argu-
men; "a unanswcrable und his conduct rs
proper and Just.
But IL can scarcely be doubted that If
MARCY had found 1t necessary to go still
ihi Ahtl lltO iilt NtHt VI w IbllANS III OTOtT
to reach decision, he would have held
that the publication of the words quoted
from the EmducipdtOr were neither
"treason, felony, nor other crime" within
the meaning OF the Constitution. At all
events, when demands have been made
upon the authorities of the State of New
York for the surrender OF an indicted
person, they have exercised the right Of
looking into the indictment 20 see IL the
alleged offence came within the terms of
the Con'titution.
While WILLIAM III. SEWARD was Gov
crnor of New York a negro slave con-
cealcd himself on board Northern vessel
lying at Norfolk, Virginia, and was thence
brought to this city and let go. The mas
ter and mate of the vessel were indicted
in the proper court in Virginia, under
law OF that state, for carrying OF the
slave. requisition in due form was
made by the Governor of Virginia upon
Gov. SEWARD for the surrender of the
master and mate 20 the Virginia author-
ties III pursuance Of the clause of the Con-
stitution above referred to.
Mr.. SEWARD, like Gov. MARCY, was n
a""rr, publicist, and u statesman. He
TOOK tllho 10 thoroughly examine the
question, and thcu in mn argument or
rather u series of Arguments which dft
HIM ~ eat honor maintained that to aid "A
slave TO escape IN the manner in which
these mariners did was neither treason,
felony, nor other crime within the pur-
view Of the Constitution; and therefore
he refused TO deliver up the master and
mate.
The correspondence in this famous case
extended through IA period of about two
years On the side OF Virginia it was con-
du"t-d by three successive Governors.
While carrying on his part of the contro-
N":sy, Gov. SEWARD was understood to
have consulted with some of the ablest
lawyers aud jurists IN the state.
The point worthy of special notice is
that the official upon whom the demand
was made claimed aud exercised the right
10 examine the papers aud determine for
himself whether the alleged offence was
of such character as Justified surrender
according tn the Constitution
These are good old-fashioned legal and
constitutional principles to which the
people should firmly adhere