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sheriff, although he had before been fully paid at the treasury, at first claimed $80 out of the avails of the securities in his hands and relinquished that claim only when the prosecutor insisted on having the entire sum of $180, as a condition of ratifying the agreement the sheriff had assumed to make.
The sheriff offers, in extenuation of his conduct, the facts, that since all the transactions happened which have been the subjects of animadversion, the accused, although insolvent, has satisfied and paid the prosecutor his demand, and has given bail to appear and answer the indictment.
It does not appear when, by whose agency, or with what motive, these recent acts of the accused were done. There is too much reason to suppose they were done after the complaints against the sheriff were made, or in view of them; and, whenever done, they can not affect the justice of the complaints.
Upon these grounds, the governor is of opinion that David Moulton ought to be removed from the office of sheriff of Oneida county, and a supersedeas will therefore issue.
THE VIRGINIA CONTROVERSY.
TO THE LIEUTENANT-GOVERNOR OF VIRGINIA.
STATE OF NEW YORK, EXECUTIVE DEPARTMENT, }
Albany, September 16, 1839.
SIR: Having just arrived in this city, I find your letter of the 30th August last. I left Albany on the 30th July last. On that day and within an hour before my departure, Mr. Caphart delivered to me the requisition mentioned in your letter. I did not doubt on reading the requisition that the offence alleged against the accused was considered by you as one "deeply affecting the general interest of the commonwealth of Virginia ;" and I may add that upon that ground as well as for the reason that it was the first requisition which had been made upon me on such a charge, I thought the subject deserved grave consideration. I learned from Mr. Caphart that the accused were at that time imprisoned in New York waiting my decision on the requisition, and that the slave alleged to have been stolen had been retaken by him and restored to his master before the requisition was made. No particular inconvenience seemed likely to result from delay, and previous engagements prevented my remaining here to examine the subject at that time.
The affidavit annexed to the requisition and containing the charge against the accused was in these words :
"This day personally appeared before me M. King, a justice of the peace of the borough aforesaid, state of Virginia, John G. Colley of said borough, and made oath that on or about the 15th instant Peter Johnson, Edward Smith, and Isaac Gansey, now attached to the schooner Robert Center, at present in New York, did feloniously VOL. II.-29