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to vindicate her own institutions against reproach and vio-
lence; and every obstacle which any State casts in her
way unjustly, is a reproach to that State, and a violation of
the rights of Virginia. Suppose, in a trifling offence,
where the act complained of, was equally against the law
of New York and Virginia, a demand of this kind were
made, does it appear necessarily proper that the surrender
should follow? Would New York be under a perfect ob-
ligation to respect the demand merely because the act was
a crime against both States? By no means. The sympa-
thy between the States becomes no stronger by reason of
the identity of their laws. There is no obligation thereby
created that did not exist before. This is shewn by its
effects in two cases that may exist at the same time. If
Maryland had made a demand at the same time with Vir-
ginia in this case, for the surrender of a man who had
committed larceny or any small offence, criminal also in
New York, our demand would have been gratified accord-
ing to this rule, while that of Virginia would have been
rejected, although seeking to punish a larceny of the high-
est character; and this distinction is founded in the circum-
stance that a horse may be stolen in New York, when a
negro slave cannot. Thus, if the rule be correct, as ap-
plicable to slaves, it is equally so as to all property of
which theft may not be committed in any State, (if indeed
there be one, ) no matter how valuable the property may
be in the State where it is a crime to "steal, take and carry
it away; " and the argument tends necessarily to this re-
sult, that, if the act he not recognized as a crime in all
nations, as being of a henious character, or if it. be not
criminal in the State of which the demand is made, it need
not be gratified, and the offender may be protected. Does
the genius of our institutions sanction this doctrine? Can
the security of the States or the interests of the people be
promoted by practices in accordance with it? The law of
the State making the demand, must be the guide; and, if it
be disregarded, collissions and ill feeling will arise among
them, and disturb the "tics of friendship and good neigh-
borhood, " which should always be observed, and which it
is one of the purposes of the Union to cement.
This subject sometimes enters into treaties between
foreign nations, not because the practice would not be ob-
served independently of treaty regulation, but in order to
give greater force and certainty to the demand when made.
By our treaty with England, (Jay's treaty, ) we agreed to
deliver up persons charged with murder or forgery. Sup-
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