Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, February 02, 1836, Image 1
CHER AW GAZETTE. I
1 ~ ^ ' I I ~ fl
u MACLEAN, editor a proprietor CHER AW, S. C., TUESDAY, FEBRUARY 2, 1836. vol. t no i* M
i - -
Published every Tuesday.
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Deductions made to those who advertise
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IC/'The Postage must be paid on all communications
sent by mail.
RIRAL ECO.W5I1'.
Skinless Oat?, and Rata Bajra.
Mr. L. Tucker?I have no otlier apolo.
gy for addressing you, than that I last spring
procured from Albany, two quarts Skinless
Oats, (for which I paid one dollar.) I sowed
them thin in order to procure as much seed
from them as possible. On harvesting, 1
1 * - "-> KnmlW T nut thorn
naci iup common uuin>iwi ....?
through my threshing machine, and cleaned
up six bushels and four quarts, weigliing 42
}?ound3 per bushel. I am inclined to think
that one bushel of seed will be sufficient for
an acre, although I put on four of our common
oats.
I fitted one hundred and soventy rods of
say three.fourths clay, remainder muck soil,
for Yellow Swedish Turnips, in the follow,
ing manner, viz:
Ploughed, dragged and rolled 1 day, 81,50
Afier two weeks manured clav land
1 1-3 days 12s., " 2,00
Next day ploughed,dragged & rolled 1,50
Jime 16, ridged 27 inches apart and
sowed with machine, 1,50
I lb. seed, 8s., put on 10 bushels
lime as soon as turnips were out
of ground, 2,25
Sowing lime 4s., transplanting 12
rows, which on pulling could see
no difference from those so wed,8s. 1,50
Passing through cultivator \ day, 12s. 37i
? - j J : aa~"r?0 o nn
i runningaiiu uivsmujj uui,tuai?}w
Passing thro' cultivator \ day, 12s.
lust dressing 2 days 5s., l,62i
Pulling, topping and securing,2 men,
1 team, 4 days 17s., 8,50
Interest on land, 3,00
8 2G,25
Cr.-Bv 819 bushels turnij)S,20 cts. 102,00
26,25
?- ^ 8134,74
I l>ave raised a small patch of Mangel
Wurtzel which has douc well.
I would recommend to every farmer to
take your useful jxaper, and cultivate one or
more acres Ruta Bogn.
Very respectfully,
II. Merrill.
Ilounsfield, Nov. 18, 1835.
C.nii fitirnipr.
To extract Lamp Oil from Linen or Cotton.
As soon as ]>ossible after the oil has been
split, take the article on which it fell and immcrSc
it in clean cold water. After soaking
awhile, the oil will begin to float upon the
surface; when this takes place change the
wafer. By thus renewing the water fre.
quently during a few hours, the oil will be
gradually and completely removed without
rubbing or washing, and when dry, iron it,
and no vestige of the oil will remain, nor any
change of color be visible. lb.
How to have Mince Pies any time.?Prepare
your meat by boiling and chopping, as
though it were for immediate use?mix it
with a suitable portion of suet, spice and
salt?then put it in an enrthern pot, pound
it down with a pestle, and then ccvcr it over
with the best of molasses, keep it where it
will not freeze, and it will be fit for use any
time. My wife has adopted the above course
, for four or five years, with perfect success;
so that we have had mince pies made from
meat killed in December, as constant in July
following as in January, and quite as accept.
able.?Maine Farmer.
To remove sjx>ts of Grease or Pitch from
woolen cloth?In a pint of spring water
dissolve an ounceofpure peariash, adding to
the solution a lemon cut in small slices.
This being properly mixed, and kept in a
warm state for two days, the whole must be
strained and kept in a bottle for use. a little
of this liquid poured on the stained part, is
said instantaneously to remove all spots of
grease, pitch or oils, and the moment they
disnnnear the cloth is to be washed in clear
water!?Glasgow Mec. Mag.
Alabama and New York.
We last week promised the materia] parts
of the correspondence between Gov. Gayle
of Alabama, and Gov. Marcy of N. 1 ork,
upon the subject of delivering the editor of
thd Emancipator to be tried by the laws of
Alabama, for transmitting into that State by
mail seditious publications from the State of
New York; and we now comply with the
promise.
Gov. Gayle transmitted with his demand
a copy of an indictment "found by the
grant! jury" of Tuscaloosa county, from
_ whiclv it appears that the ofTencc charged
was that Robert G. Williams, " on the 10th
day of September, &c., at and in the county
aforesaid, feloniously, wickedly, malici.
ously, and seditiously, did cause to be distributed,
circulated, and published, a sedi.
tious r;.ocr <rtT.z*l t:i
which paper is published according to the
tenor and effect following, that is to sav"?
[We omit the extract from the Einancipa.
tor, Considering it seditious,]
t GOV. GAYLE TO GOV. MARCY.
Executive Department?Alabama. )
Tuscaloosa, Nov. 1035. }
Sir,
i I have the honor to transmit to you a de.
mnnd, under the Constitution and laws of the
United Suites, for Robert G. WiHrarns, and
a copy of an indictment recently found a.
gainst him by the grand jury of Tuscaloosa
county in this State, for attempting to
produce insurrection and rebellion anfong
our slave population, m the manner set forth
in the indictment. It is admitted that the
offender was not in the State when his crime
was committed, and that he has not fled
therefrom, according to the strict literal import
of that term; but he has evaded the
justice of our laws, and according to the
interpretation which mature reflection has
led me to place upon the Constitution, should
be delivered up for trial to the authorities of
this State.
My % iews, somewhat at length, arc contained
in a message which will be sent to the
General Assembly, which convenes on Monday
next, and I take the liberty to enclose a
copy of so much of it as embraces this
deeply exciting and interesting subject.?
Should your Excellency concur with me in
opinion, 1 have to request that Williams be
arrested, and confined until I can find an
agent to conduct him to Alabama.
I have the honor to be,
Very Respectfully,
Your obedient servant,
JOHN GAYLE.
His Excellency Gov. Marcy.
Extract from Governor GayWs Message,
accompanying the Requisition.
We are told that public sentiment in the
North is decidedly in our favor, and that
the large and numerous public meetings
which have been called throughout the
non-slave-holding States, demonstrate that
the majority is too overwhelming to be re.
sisted; that with these favorable indications
before us, we should not agitate this subject
in the South, and that it is our duty to rely
for safety upon the force of public opinion
iu that quarter.
Our northern brethren deserve and will
command, our gratitude, for the interest they
have taken in our behalf; and there can be
little doubt that the majority against the
abolitionists is very large; but this reasoning
is wholly erroneous and delusive. lie
who believes that fanaticism can be put
' ? mtininn Kne n vnnr imnor.
uun ii jmuiiv/ u^uuvu) uuo u ivi^
feet knowledge of human nature, and must
be deaf to the lessons and admonitions of
history. So far from this being the case,
the opi>osition of public opinion is the aliment,
the food that, feeds, nourishes and
sustains this dark and ficndlike passion. Of
tin's, no stronger proof could be afforded
than the success with which the efforts of
the false philanthropists have been crowned,
in opposition to the concentrated force of
public opinion throughout the Northern
States. Indeed they never acquired any
considerable notoriety until this opposition
commenced. Under its heaviest pressure,
if the information-we have received be correct,
they have established 250 anti-slavery
societies, and about thirty presses, from one
of which they send forth weekly from twenty-five
to fifty thousand incendiary pamphlets,
and other similar publications. But a
short while since, the whole population ol
the State of New York seemed to be roused
to a sense of the dangers threatened by
the machinations of these societies. The
x ? *1-1.~ tt'ltmli ^n/1 ornr l\nr?n
largest |iuuuu uhxihi^b mnvu u?u **?w uwu
convened were speedily assembled, from
which issued the most eloquent and burning
condemnation of the abolitionists; and yet
in the very face of these proceedings, imposing
as they undoubtedly were, they have
called a convention of their associates from
the several counties and district? iff that
State; and their leader, Tappan, and others,
in numerous hand bills, have announced
their firm and unshaken purpose of renewing
with increased energy, their exertions
in favor of immediate abolition. It is obvious
therefore that we blindly and obstinately
deceive ourselves if we entertain the
belief that public opinion, unaided by the
sanctions of the law, will have any other
effect, than to strengthen the hands of this
dangerous and insidious enemy. It has
been improperly admitted by writers in the
South, who have been engaged in discussing
this subject, that the Constitution and
laws of the United States, in regard to fugi'
tives from justice, do not authorize a demand
for the delivery of these incendiaries,
to the States whose laws they have violated.
This opinion has been embraced under the
erroneous impression, mat tne rules 01 sirici
construction which with great propriety ap.
ply to certain parts of the Constitution, must
necessarily apply to all others. They do
not appear to have observed the obvious distinction
between those provisions of this instrument
which transfer ]>owcrs to the Gen'
end Government, and those which confirm
and enlarge the rights of the States, as the)'
. existed previous to its formation. When
the States achieved their independence, they
had no rules to regulate their intercourse
with each other, but such as could be derivcd
from the law ot nations. This law as
laid down by Vattcl in relation to offenders
is, that a sovereign " ought not to suffer his
subjects to molest the subjects of others or
to do them an injury; much less should he
permit them audaciously to offend foreign
powers, lie ought to oblige the guilty to
repair the damage, if that be possible?to
inflict upon him exemplar)' punishment, 01
in short, according to the nature and circumstiiiccrLtte'idin*;
d. liv-rhi ? untc
. This rule as stated by this eminent author
was defective, as it left it too much in tin
power of the State applied to, to judge o
' the nature of the crime, for which an offcn
der should be delivered up, and as no modt
of prosecuting was specified, in making th(
demand, and no compulsory obligation im
posed, to ensure a compliance with it whei
made. To remedy these defects, the Con
stitutioh provides that " a person charget
| in any State with treason, telonv or othei
| crime, and who shall flee from justice, anc
b; found in another, shall, on. demand of th<
Executive authority of the v Staff, fron
which he fled, be removed to the State liav
' ing jurisdiction of the crime." It is con
tended that by this clause, unless 1 man ac
tually flee, run away, or voluntarily go int<
another State, he cannot be demuuded b]
the Governor of the State in which hi;
crime was committed. The expression .flee
is not as comprehension as others that migh
have been employed; but as the great ob
ject of this provision was to secure tho pun
ishment of offenders, and thereby preserv<
.1* /% .m n. i* 1
. the harmony ot the states, according to ai
the known rules of construction, it sbouk
be taken in the sense in which it was uset
by the framcrs of the constitution. Th<
word flee, as it occurs in this clause is synonymous
with the word evade. It wouk
be trifling with the dignity and important
of the subject to confine this expressioi
strictly to its literal meaning; for it wouk
lead to the absurd conclusion, that if an-of
fender leaves the State, by any means what
ever, without his consent, he could not b<
demanded, or surrendered up to the justic<
of our laws. Supj>ose the case of a mar
guilty of murder here, who is conveyed b}
force to Georgia, and is tried and acquitlec
for supposed offences against the laws o
that State. He chooses afterwards to re
side in Georgia, and, according to the posi
tion assumed, cannot be demanded of the
executive; for he did not flee from justice
if to flee is a voluntary act. This provisior
of the Constitution should receive the mos
liberal construction, for the reason that it is ir
favor of the rights of the States of the Union,
in all their reserved rights occupy tc
each other the relation of independent sove.
reigntiCS, anu uuy unu ui liiuu iuu> mv iign
to demand redress and satisfaction for injuries
done by the others or by their citizens.
But having relinquished the power to entci
into treaties, grant letters of marque ant
reprisal, &c., the only means to which re
sort can be had to socure the obligation*
which exist between independent States, w<
should, if we relv on the national code, b<
restricted simply to the privilege of prefer
ring otrr complaints without the power o
enforcing them.
GOV. MARCY TO GOV. GAYLE.
Mate of New l'ork.
Executive Department, >
Albany, 8th Nov, 1935. \
Sin,
The reouisition made on me by vour Ex
A w r
cellency for the arrest and delivery of Rob
ert G. Williams, has been received, togeth
' er with the documents and papers thercwitl
transmitted; and I have given to the appli
cation the careful and mature consideratioi
due to it on account of the high sourc?
from which it has emanated, and the ven
>fravc question which it presents for my de
termination. The crime imputed to Will
iams, is, "the wickedly and maliciously
causing to be distributed and published a se
ditious paper in this State, [the State of Ala
bama,] maliciously designing and intending
* to incite the slave population thereof to in
surrection and rebellion against their mas
tors;" and it is alledged in the requisitions
that he " fled from justice and is now goim
at large in the State of New York."
rr,t - ' . -t \tr:n:
ilie inaicimcni ciuirges ituuuiiis wiu
' having committed the crime in the county o
; Tuscaloosa, which is within the territori
al limits of the State of Alabama; but ii
i your letter to me, transmitted with the re
quisition, u it is admitted that the offende
was not in the State [of Alabamajwhen hi
crime was committed, and that he has no
tied therefrom, according to the strict litem
import of that term/' For any tlihig thu
appears to the contrary, and so I presum
the fact to be, Williams, at the time he com
mitted the offence, was, and still is, a citizei
i of the State of New York, subject to it
i laws, and entitled to the rights that bclonj
alike to all its citizen?.
The right on your part to demand him
: and the duty on my part to deliver him uf
i if they exist, are given and imposed lr
that clause in the Constitution of the Unite
States, which declare that " a j>erson charg
ed in any State with treason, felony, or oth
er crime* who shall flee from justice, and L
, found in another State, shall, on demand c
the executive authority of the State fron
i which lie fled, be delivered up, to be rcmov
: ed to the State having jurisdiction of tli<
crime." Although it is conceded that Wil
: liams is not literally a fugitive from tb
i State of Alabama, and nothing appears t<
show that he has ever been within its terri
- ton*, yet, according to your constructioi
of the clause of the Constitution above quo
i ted, it is my duty to cause him to be deliver
' ed upon your requisition. Whether it b
i so or not, depends, as you conceive, upoi
the meaning to be given to the word flee
i in that clause. I am favored with your ex
position of flint term, in that part of you
: message to the Legislature of Alabami
i which accompanied the requisition. Afte
; the best consideration I have been able t<
give your views, I am constrained to diffe
: from you, both as to your rule of construe
i tion applicable to this clause, and as to th
> effect of the clause constructed by tha
> rule.
In settling the proper principles of cor
struing this clause, we ought ' ? he infl
> bv 7; . .'"-V :*1 i. r u"
, be once; admitted, the clause, as expounded o
J by you, must be applied to all cases what, p
f soever, which full within its oj>eration. If tl
a State can pass laws on the subject of slo- c
J very, making the acts of the citizens of oth. u
3 er States, done within their respective States g
and while they an; actual residents thereof, b
i crimes against the State enacting such laws, it
- and thereby acquire the right to have these b
1 citizens delivered to it for trial and punish- s<
r ment, the same State may pass laws on C
1 other subjects which will liavc the same ef- p
J feet, and establish the same right to demand tl
) the citizens of other States who may violate tl
these laws, although they have never been
within the limits of that State. The right ti
. to demand, and the obligation to deliver lip, tl
) arc co-cxtcnsivc. In cases to which the c
7 constitutional right to demand attaches, ft
s there is not, and cannot be, any right in the tl
?..Kio mriiln n
t w.WUim: UIl WI1UIII IIHJ lUijUioniuu 10 muu^, |/
t to withhold the offender, whatever be the o
character of the act which is made a crime ji
by the laws of' the State demanding him. tl
2 I have presented this view of the subject, not h
1 merely to exhibit the dangerous consequen- p
i ces that would be likely to result from ad op-' d
1 ting the construction you have given to this 6
J clause of the Constitution, and thence to p
- deduce an argument against the prefitimp- p
1 tion that the framers of that instrument in- f<
2 tended to confer a right that in its exercise n
i would produce such consequence*'; but I n
1 have considered the subject in this view, o
principally for the purpose of showing that tl
the obligation cm die part of the States to p
2 deliver up their citizens in such cases as the f*
2 one you have presented,' is an essential di- tl
? minntintl /.f wllip.ll tllfiV WOlllll D
j IIIUIUIIUII Ui IIIV |n/ifv?M " ' ?^ .. 4
possess as independent sovereignties, and n
1 that the sound rule of Construction which a
f you properly concede to he applicable to h
those parts ot the Constitution which trans- .
for power to the General Government, ap- tj
i plies with equal force and pertinency to such n
, parts of it as destroy or transfer any portion u
i of the sovereignty of the States. If the w
t fact that this clause of the Constitation jr
? confirms and enlarges the rights of the ti
States, as they existed before the forma- n
) tion of the General Govcnnnent, constitutes M
as you contend, an argument in favor of a
t giving it a liberal construction, is not this t<
argument neutralized by the consideration n
timt ti-l,it it rrivfs to the States in one re- ?
kllUV II ^ - ? WW ? - f,
r spect, it takes away from them in another? 0
1 If, by ih's clause, the right to demand fugi- tl
tives is given to the States, in eases in 0
3 which they had it not before the adoption J
? of the Constitution, the correlative right to c
- refuse, in such cases, to deliver up, which s
must then have existed in all the States, is y
f also taken away by it. If your construe- p
tion be correct, this c!a ise has coarc.Ted the
power on each State to pass laws that have t]
an extra-territorial operation, and to pre- j(
scribe rules to which the citizens of all oth- jj
; er States must conform, or be subject to the a
criminal judicature of every State passing $
such laws. This is undoubtedly enlarging v
. the rights of the States in one respect, but f
. it is a serious diminution of their sovereign1* ^
. ty in another. It is more than enlarging
i j former rights ; it is conferimg new ones?
. I it is giving to some of the muuiciple laws of a
j i each State, an extraordinary character?a c
21 character that renders them obligatory be. t]
! yond the tcrritoiy* of the sovereign power p
. i which enacts them. It is subjecting the \\
. | citizens of all States to new duties, to be <j
r- j imposed upon them by a power to which $
. | they owe no allegiance, and nnder the juris- a
. 1 diction of which they have never placed p
t themselves. It is creating new obligations ]<
. to be performed by the respective govern- v
. incntsof the States.
i, I have not been able to find the doctrine f
* ad vanccd by any writer on the law of nations, c
that it is the duty of a sovereign state to de- 1
t liver its own citizens to a foreign power, to t
f be punished for acts done by them while ?
. within the territory of their own sovereign, e
1 The passage you have quoted from Vattel, s
. which speaks of delivering up the offender, i
r I am persuade! docs not apply to such a e
s case, but to the actual case of common fu- c
t! gitives. The paragraph preceding the one f.
from which you have made the quotation, is c
,t as follows: " If the offended state keeps the c
c guilty in his power, lie may, without diffi- t
. culty, punish him. and oblige him to make t
jj satisfaction. If the guilty escape and re- c
s turns' into his own country, justice may be i
? demanded from his sovereign." This wri- \
tcr, not having specified a case like tire one c
i? under consideration, but having mentioned f
>, the cases of ordinary fugitives,mUst, I think, ti
y be understood to refer to these as presenting t
j occasions for delivering up offenders, or li
. withholding mem, "according to ui;; namrt; i
i. of the case, or the circumstances attending ii
e it." r
>f The demand made by one independent J1
111 nation upon an other to deliver up fitgifivcs, *
-! ?I mean in the literal sense of the word? c
c j is not, I believe generally regarded as found- c
!-1 cd in a well-established principle of right, c
e The right to demand, and the duty to sur- n
d render, arc sometimes given by treaties; but ^
- | where there are no treaty regulations, a t!
a j compliance with such a demand is a matter I
| of comity, and the fugitive is withheld or c
-! given up at the discretion of tlie power with, c
c I in whose jurisdiction he has taken refuge, c
11 ' The provincial government of the Canadus ?
refuses to deliver up the citizens of New ^
- I York who have committed offences in their I
r ; own State and fled into the British Provinces, d
1 unless the crime be such as by the laws of t
r Kngland is punishable with death or the in3
fliction of corporeal punishment. Many \
r crimes of an aggravated character ajc not t
- thus punished by the British laws. I allude )
c to what Iconceive to be the Law of Nations, li
it and to the practice of independent powers, i
so' far as I am acquainted with it, for the r
i- purpdse of showing that the provision of the j
' (/omtitmioi. rrv^re fr?u v v is In factc
k ''le!* .'.si-r. i.?!," * .,r:.i!r ; *<! '
thcr jKirts of that instrument which delegate a
owers. I certainly do not wish to restrict die
range of this power. Limited as I con.
eivoit to be, it is in my judgment very sal- it
tary in its operation, and I shall very readily b
ive my aid in carrying it to its full extent: s<
ut no consideration can induce me to push t<
beyond what I deem its constitutional o
oundary. I am therefore compelled by my j<
cnsc of duty to apply f6 this clause of the c
lonstitutioii, the ordinary and generally ap- c
roved fule of construing that instrument? tl
ie rule which gives to the language used e
icrcin its ordinary import. r
I jjefCoivc you are aware of the diffidul. tl
es which would result from the exercise of I
lis power, if carried by construction to the g
stent you propose to give" it. You have u
xirly stated the embarrassments wider which a
ie prosecutive power would labor in its d
roceedings against persons brought from tl
tlier and distant States w ithin its proper o
J* . i J c ^ A
irisaicuon, ana mere irieu iur uuis uuiic m j
lose States. There are other difficulties
nd danger^ incident to the exercise of this t
owcr, not brought into view by you, which t
eserves serious consideration. ' What oc- i
urs' daily in' the ordinary course of criminal t
roceedings, may rake place in regard to c
ersorts transported to Si distant jurisdiction f
)r trial. It may happen that un innocent c
inn will be accused, and if demanded lie s
mst be delivered up, should your exposition t
f tlie Constitution be sanctioned. Under v
icse circumstances, his condition would be c
crilous indeed. Dragged from his home; t
ir-removcd from friends; borne down by r
ic weight of imputed guilt; and unable r
robably to obtain the evidence hy which he n
light vindicate his innocence; if appear, t
nces were against him, he could scarcely v
ope to escape condemnation.' t
The assumption of a similar power; and ^
ic application of it to the American colo- f
ists by their acknowledged sovereign, to '
horn they owed full and perfect allegiance, *
as regarded by. them as an act of revolt- c
lg tyranny, and assigned in the Declara- r
011 of Independence as one of the pi*omi- *
cnt causes that had dissolv'cd tljC bands by ?
rhich they were united to the British King 1
nd nation. This consideration renders it c
) my mind, very improbable that the fra- [
icrs of the Constitution (almost all of
horn were revolutionary patriots) intend- ?
d to confer on each state the right to cause 1
ic citizens of all others to be transported 1
utof their own State to be tried for acts J
one at home; and I cannot resort to a loose
onstruction for the purpose of extracting '
ucli a power irom me sacrcu instrument
-liich emanated from their wisdom and exeiiencc.
It is a subject of serious regret to me
lial I am obliged to differ from your excel?ncy
as to the rule of construction ; hut, if
I were otherwise, I think the result of the
pplication you have made to me would be
lie same. Iam apprehensive, and I say it
nth all due respect, that any reasonable
ule of libera* Construction would not ex2nd
thi9 provision relative to fugitives So as
j bring the case of Williams within its o petition.
If we could, by the force of liper1
construction, and without unwarranted liensc,
give to the word "fee," in this cauSfc,
lie same meaning as the ordinary imort
of the word " ei-adc," as you prtfyosc,
: would not, in my opinion, remove the '
ifficultv that attends the present applica- j
ion. The meaning of the word "evade,"
s its etymology indicates, is to go from, and
r i _"? 1 ?i.?* u a
l 11 ue ussuiiicu nidi /no ia ui hjuiyujnt
import to the word " evade " and this 1
rord, or some of the expressions commony
used hi defining it, should he substituted
or terms', " flee " and "fled" in this clause
?f the Constitution, such an altcfatioh of its
anguage would not so far extend its opera- \
ion as to impose on the Executive of any i
>tate the obligation to deliver ufr nfi offendr
in a case similar to ttie one you have preented
to me. To satisfy the word " evade" 1
f it were substituted for the ofTend- 1
:r must have done some act with a view to (
iludc or escape from justice, and must have ,
jone from the offended State, before he
:ould be brought within the operation of the '
;lauso in question..' It docs not appear in 1
his*case that Williams has (and therefore i
ifh Inrrol nrnoninnfinn ii tll.lt lip li.lo llflt^ !
Iru iVptu pvu?...|...v.. y~ /
lohe any act whatever to evade or in manicr
to escape justice, and it is conceded that
ic has not escaped or gone from the State
>f Alabama. The substitution of "evade"
or " flee," by a rule of liberal construction,
toes nothing to'advance the purposes of
his application, unless .a rule of still more *
iberal construction is applied to tlic substi. 1
uted word " evade" which would give it an 1
mport equivalent to* the plirasc neglect or j
rftise to rurrendcr voluntarily; and that t
art of the clause .which speaks of the .
'State from'which he fled," is regarded as '
ntirely nugatory in this case. Such a li- 1
ense m consfruihg the Constitution would j
flectually destroy all the restraints and li. ]
citation it imposes, and make it the source
?f all"power that might be desired to evade i
lie rights and sovereignty of the States. 1
ly no view that I have taken of this clause *
f the Constitution, have I been able to dis- 1
over that it imposes oir me, as the Iixc.
utive of the State of New York, the obli.
ration, or confers the right to surrender
rVilliams to the executive authority of Ala- 1
Kjma, and I must, tlicrcforc, respectfully *
leclmc to comply with the requisition in
his case
I ought not to close this communication
vithout expressing to you my thanks for
he very complimentary manner in which
-ou have alluded to me personally in your
ite message; but in a much larger measire
do you merit the grateful acknowledge .1
ncnts of the People of this State, for the i
stice vou have done to the motives mid '
conduct of a Iarg? uia-ozitv of them in realtor;
*o tl" : - '* thary* : r. pf |
lis -
are of the mischief these proceedings art? H
oing among our Soutliern brethren. H
Large and highly respectable public meet- H
igs in all parts of our Sate have ulready H
een assembled, and have expressed their H
entiments upon the subject in the strongest I
.Tms of reprobation. Iti the proceedings
f these meetings, in almost all our public I
jurnals, end in our sociul intercourse, the I
onduct of the abolitionists lias been dis- H
ountenancod, rebuked, and condemned ; I
le claims of the South to remain uhdisturb.
d in all her domestic relations have been fl
ccogniscd, in the most explicit m&foner \ I
he duty of respecting tliesc claims has: I
een strenuously urged, upon the bro&df. I
ground of plighted faith and political justice I I
nd the strongest appeals that eloqt&A&u I
nd patriotism could make, have bcert Ad- I
Iresscd to the few nbolitioncsts, to induce- 1
liom to intermit their labor of mischief,. I
ih] abandon their worse than visionary
rejects.
. The fc -lings of almost the entire pcpblcion
Item, is what the South could wish it to
e; . The powerful energy of public opimon
has been brought to bear directly oa
his subject, and has exerted and is now carting
a bending influence in repressing fltfr
iinaticism that has arisen in this seCUom
>f the Union. Many who, without fbmieeing
or considering tl>e pernicious results
o which the schemes of tlie abolitiohists
could lead, and who have incautiously givn
countenance to them, arc convinced of
heir errors, hive renounced their unf&tulate
association with these fanatics, and
iow join in the general condemnation of the
tbolftioil movements. The prescdt state of
liings here in relation to this subject,- When
iewed from your position, may not seem
o justify this statement; but I am wholly
leccivcd in my observation, if it be not as I
? J* .'nil It ia triu>. (liprfi nm n.
'I it IU J WUi AW II V*vy ??VWV ? ? ?.
nong us a few infatuated individuals, who,
rom strange ond perverted views of moral
tnd religious duties, or from a love of mere
lotorietv, have put forth and ore continuing
heir efforts in despite of the stroflj* and
weeping current of public opiniod ;' but it
- "firtinVIv r\ omnt f>rmr tr? tnkfi their' show
O V^Vi WU1I! ?J M gi vw? vstva w ?- ?
>f organization and tlieir boastingjr (made
>rincipally \Vith a view to check desertion)"
or indications of their growing stRiigtii].
ind thence conclude that public opinibd, rib
t exists among us, and operating as- it does
fircctly on the subject, is entirely iaabdtenS
o curb the mad course of this tanftnCiun.
)n this I am sure you may rely, that the
\'ople of New York generally entertain the
nost friendly sentiments towards their bre.
hren of the SaUfh. They know your rights
tnd will roipect them. Tliey know their
luties to yotif and will fulfil tlicml They
ipprcciaie the importance of the union if
he States, and the unnumbered blessings
hat arc suspended on it. They will perbrm
in good faith the obligations it imposes,
ind', if in petti, will put forth their {might,
iest efforts to sustain it.
Persuaded that these arc the views and
sentiments of almost the entire body of my
bltoWibitifceiis, I fihvC a perfect confidenco
hat their conduct in relation to the subject,
md oil others which aflfect the riglits and
nfefests of other States, will be such as to
lllinu ail iwitouiiuui^ v.i|a^vi?hiviio?
I have the honor to be, with great rQ9*.
)cct, your obedient servant
W. L MARCY.
EliS Excellency, J on 5 Gayle,
Governor of Alabama.
Documents accompanying the Fml?
dent'M newMfe to Cofwn on tin ?a*
Ject of oar Frencli Bcl>tfwi?i
No. 1.
This is a loiter from Mr. Forsyth, Secreaotf
r\f C(ain \fo Poi^An PKftrflhft *4' A
tny kji uiaitf tu iuu i^ui iuuf v/nui^v u
airs at Paris, dated June 28, 1835.
It informs Mr. B. that the Messrs. do
[tothschild, the Bankers of the United States,
had been authorized to receive the money
Juc under the troaty of Prance, if offered,
but not to demand it. Mr. B. is instructed
o receive any communication made to him
by the French Government, and merely
ransmit it to the Department of State*
No. 2.
Mr. Forsyth, to Mr. Batfoit.
September 14,18361*
Tiiis letter informs Mr. B. that it lias a],
vays been the intention of the President that
lie delegation of tlie United States should
cave France if the treaty were not fulfilled,
[t instructs him to call on the Duke de Brogie
and request to be informed 6f the intern
:ions of tlie French Government on the rob.
cct; and to do so in the most conciliatory
:onc. If the Duke should reply that the
money is to be paid on any fixed day, Mr*.
B. is instructed to remain in France; otfjTrwisc
he is required to apply for his pot$f
lorts, and state the reason to be that die
rcaty of indemnity has not been executed
>v France.
Ho 16 directed 1o comply with these in.
;troctions in time for the result to be com.
nunicatcd to Congress at tlie dpening of
he session. ~
NO. 3. r
!fr. aiitoaiatkePak* 4c aactfe'.
Legation of the United State of America, .
* Paris, October54,1835. f
? . '
Mo.nsieX'R lb Due:
Having executed* to the lotter^br
ast instructions of my Ocn^imiiciB, fipi
interview which I had the hOnor to hvnr
with your ontiro 20th of-tfra ;
s'ii. io order ihnhe'r to I'ornplyVu* fftdac
. Mo . I asft&oufioer.. ' V
v. j h :s* ' ;r.?\ X'* * r.
. ''"i