Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-12-02

tlligcncc, when received must refer YOU.
In regard To relations with sister States, mem
beers OF conicdcracy, whom have considered
and az hope shall consider foreign States
have received several from their
tuted authorities properly authorized make them All
of these one, made III indicating st
ly the aterna sentiments entertained by these States
speetivcly towards this Commonwealth that know
whether have felt most pleasure in receiving in
warmly and sincerely rccprocating such friendly and
kind greetings In the SINGLE excepted case, the Ian
uagc which, much than Justice would probablv
regard Is unnerted tins language seemed to proceed
from misrepresentation of the intent of passed
by former Assembly, did feel the necessity OF
responding to II IN the spirit which such pprc
tension might possibly have induced amcntcd, that
the tone of this communication restrained me from Civ
ing such explanation could and would have ur-
nished readily, if it had been asked But the honor of
Virginia forbad me to render To menace, what would
have been yielded and most willingly, to friendly cx
postulation
send herewith all the communications have recey-
cd from any of our coStatcs which of sufficient i'm
portancc claim your attention. together with copies Of
the replies made TO the same Among these documents
must call your attention particularly, the Rcsou
tons of the General Assembly of the State of Mar an
upon the subject Of the western boundary OF that State
and to the determination which of these Resolutions
announces, TO institute suit against this Conmonwc at
in the Court of the United States for the purpose of OBJ
tanning, by the compulsory of that tribunal par
luton OF the sovereignty, jurisdiction and territory of
this Commonwealth
In meeting the high responsibility which requires
to recommend 10 your consideration such
may deem expcden i'm regard to this matter, feel
strained To advise that step whatever be taken by
YOU ut this time, either provide for such an
event. Rcposing confidence upon the allegiance and
fidelity of her people Virginia binds them To her bv
other than the silken cord of their affections
Ii any OF them shall desire to forsakc their brethren
any time, let them do So and in peace We shall still
unite in invoking prosperity and happiness upon their
future lot wherever this may be But 50 long as
they desire to remain what they have bcen part Of
ourselves, earthly power must divide us, while we
have any means to give effect TO their pious wish
say this with no disrust of our perfect rights, of
the integrity intelligence of the forum selected pass
upon them If we could submit questions involving
matters Of such high concern any Judicial tribunal
perhaps better could be- selected than before
which the General Assembly of the State of MARYLAND
desires to force us to appear But BELTS sovereign
y, to submit theI question of its existence any
judcaure whatever. The authority which is equal
TO dcspo State OF portion OF Its Territory, contrary
TO its consent, also equal to annihiatc the very
being of the State itself. In consenting appear and
defend rights before tribunal chosen by
selves we virtually admit ITS authority 10 determine the
matter in controversy and Virginia never con-
sent to hold her Territory at the will of any other she
never ought to give countcnancc 90 the idea that she
will abide by the expression of any such will
The Congress- of the United States, although of late
importuncd do have steadily refused to pass
any Statute prescribing the process or:procceding to be
used by the Judiciary of the United States in the
of that judicial power granted to it by the Federal
Consttution and therein declared to extend conro-
versics between two States Even il Congress
had ever enacted any such Statute obvious that
the controversies mentioned in the Constitution
not be such involved the existence of the par
ties To retain jurisdiction such IL is
indispensable that all the parties ltigsnt should be
Estates. If either he SUCH whether by the
judgment Of the Forum itself by any other means the
jurisdiction will necessarily with the loss of this
political character Ii would be impossible however
conceive the idea of State without Terrtcry and equal
ly impossible, for the Judiciary define, what loss of
Territory might be compatible with the cnoymcnt of So
veregaty and independence. Hence give any effect
TO tins grant of judicial power controversies be-
tween two States, shall be compelled Ii
init the jurisdiction TO such controversies only
necessarily and directly involve questions of Territory
of Government, of Allegiance, and the like that include
the very elements of STATE, without which il could not
possibly exist as such.
Moreover, the Constitution itself which communicates
this Judicial power ofdecding controversies between
Statcs contains the mutual and recip-
roca recognons Of each of the high contracting parties
in that instrument that all the other parties ratiying the
States. Now Territory is ndspensably ne
cessary to constitute State, if is asked what Terrific
ry referred 10 in these solemn recogntons only
answer which can be given must be- the Territory then
held by the several contracting parties and claimed by
them respectively their This idea is confirmed
strongly by the provisions of the Sd Section os 9TH Ar
tlcle But 1T seems manlfesty absurd TO suppose that
any Department of the Government, created by this
Constitution, could be thereby endowed with the power
TO vacae and annul its expressed provisions and
cogntons, which all are sworn to support Especially,
when is that the of the Legislatures
the States concerned well of the Congress- requr-
ed to the formation of new State within the jurisdic
ton of any of the recognized States by the junction
of two of these States parts OF any of them
Therefore the judicial power cannot be coual to do that
Act, for the accomplishment of which the
of the parties ltgant could suffice, unless their
consent accompanied by the Of the Congress
Also To- the annihiation partition ofa existing and
recognized State.
Ii the Court of the United States take cognzancc of
this controversy, and affirm undoubed though unde-
tended rights, the State OF Maryland will probably be
content with the award of the Forum she has herself
lectcd IL will be time enough for inquire into the
authority OF the Judges, when their threaten
transfer the willing allegiance of citizens deprive
I'd OF the proceeds of the Virginia has expend
ed IN improving the Territory question, like to
prove pejudcial ancient and admitted possession
and consequently to our future resources.
Ii is possible that the State of Maryland may have
adopted the she has determined TO pursue from
msconcepton of the nature of the questions which
supposed to exist between from msapprehenson
OF the terms employed by the Assembly of 1888 in
cepting her proposition for the amicable settlement
OF them BE this as it may, the adoption Of such
has closed the door of explanation upon u.s. for the
present. Nor Virginia propose 70 reopen it, But
let not the breach between be widcncd by any
expression part let and perpetual OBJ
sacle to all future correspondence be nterposed by
joining in the adversary proceedings she proposes
Actuaed by these considerations feel bound
mend to you have done and holding in view the
wise the Commissioners appointed under the of March
5h 1888 To postpone, for the present the execution
the duty with which they charged by that act in
the event Of Commissioners being appointed by the
State Of Maryland The performance Of this duty in
the existing state things, would have been disadvantage
tonone; and however intended might possibly been
regarded with unrendy eye, by our sister State
During the intercourse have had with the Executive
authorities of Of the other States Of our Conc-
racy, my attention has been drawn particularly TO the
Act prescribing the mode in which criminals fleeing
iither from any State Territory of the United States
may he demanded and surrendered The of this
Act, they appear TO me, much vague and
neral to bc used in the grant of any power so great as
that with which the Executive Of this Commonwealth
IS thereby clothed. / recommend YOU therefore,
revision Of this Statute for the purpose of defining more
precisely the "other crimes therein referred to, for