About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Preamble and resolutions relative to the demand by the executive of Virginia upon the executive of the state of New York, for the surrender of three fugitives from justice. 1839 155 (1839.12)

handle is hein.slavery/ssactsva0555 and id is 1 raw text is: k'ugitivcs fi'om1 Justice. RESOLUTIONS. No. l.-Preamhle and ri'solutinn relative to the dteinand by itli executive of' Virginia upon the executive of' the state (if New York, for the stirruider of' three fugitives from justice. 'Adolod March 17, 1'810.) The committee to whoim was referred so much of the governor's message alld accompanying documents as relates to his dieatild upon the executive of New 'ork fIbr tle urrender of' three fugi- tives from justice, hae had the saine under conisideration ainid agree to the of llowing report: fi .luly hist the emweutive of Virginia tule a detinad upon the governor of New York for the surrender o1 Peter .Iohnsot, E,dward Siiith and lsaac ailsey attacled to the schooier ltohurt Center thrn in New York, who were duly charged by afidavit regularly made b.llre Miles King, mayor and justice of' the peace for Nor- Ii lk, %%ith havitig 'eloniously stolen and taken from John (i. Collcy a certain negro slave Isaac tile property of said Collcy. 1'lhe governor of New York refused to comply with the demand, anml assigned as his reasons (br the refisal, that the right to demand and the reciprocal obligatim ito stirrelder fugitives trom justice be- tween sovereign anid indepeudeit nations, as defined by the law of nations, iiclude only those cases il Nvfhich the acts constitutling the ofl'ence charged are recomgnized by the universal law of' all civi- lized countries; that the olj,.ct of the provision ill the constitution of the United States relative to the deinanml of figitives front jus- tice was to recoguize and establish this principle in tile mnutual re- lations of tle states as indeletdent, equal and sovereign conilmuni- ties; that the provision applies only to those acts wvhich, if' com- milled within the jurisdiction of' the state in which the person accused is fbund, would be treasonable, felonious or critminal by the laws of that state; that no law of New York at this time iecog- inized, to statute admitted, that one man could be the proper ty of another, or that one man could lie stolen from another; and that consequently the laws of this state making the stealing of a slave felony did not constitute a crime within the meaning of the cot- stillition. Your committee have bestowed upon each of these propositions the reflection which their importance demanded ; and that rcflec- tion has brought themn to very difl'erent conclusiotns from those ar- rived at by the governor of New York. A citizen of one nation is permitted to enter the territory of an- other upon the tacit condition that he shall not violate her laws. If lie does violate them he may be punished according to those laws, if apprehended while lie is within their jurisdiction. If lie escape and take refuge in his own cotntry or any other state he may be demanded as a fugitive from justice. Whether such demand ought to be made, and if made should be complied with, is a matter to be judged of by the respective

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most