Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-08
GENERAL ASSEMBLY OF VIRGINIA.

oa1At I1'>sx.is-<Ll vi fA-AoiA'l-A.
THE co-NTko FERsT oita tic Governor cf.N York
Erccutre Department., Dec :. 1910.
SlR-Encloscd is Communication which you
respectfully requested to submit TO the House Of De-
egaes. Your obedient servant,
THOMAS W. GlLMER.
To the Speaker Of the House Of Delegates.
Elccmtice Department, Dee. ., 1910.
Fdior- Cd-tns Of the Senate ard House Of Deidqdics
The Correspondence between this Department, and
the Governor Of New York and the Executive
thori'ies Of TIE Slavehoding States, required by
tain Resolutions Of the last General Assembly, form,
in my estimation, proper subject for special commu
nication; and accordingly submit the for your
consideration.
awaited myself Of the first occasion, after the
Executive trust dcvolYcd ne, to bring this subject
before the Governor Of New York, in order 10 afford
him opportunity 10 comply with the request OF Tic
last General Assembly by urging its consideration on
the LEGISLATURE Of his State. Anxious if possible 10
avoid The necessity Of Invoking the cooperation Of
The slave holding States, | spared no pans to
induce tie Governor Of New York adjust
question which was still entirely within his con-
troll and notwithstanding his delay in meeting If,
determined not 20 execute the fourth resolution o the
General srtbly, hle nope remained that THIS con.
troycrsy could be otherwise settled was not advised
nail the i2l # November u The ultimate decision vi
the Governor If View iorf 10 persist il his oTigna! re.
tilsal to surrender these u.itires. then lost tine
in complying with the fourth resolution Of the Genera!
Assembly, and IA executing al the power with which
this Department invested 10 bfIng these luglsts
ia Justice Immediately offered suitable reward TOR
llc appchcnsion and though a considerable time has
ELAPSED since the preparation of their offence, ! am
mol without hopes that the means may stall prove eiiec-
tua 1T earlier stage If THIS controversy, the mp
orccnsian aud conviction acquta ct these offend
"rs l.iut have Terminated prevented the Serious
cresttons which iayc subsequently arisen; hut lie i'm
pcrancc wi.c, has been impaired L. them hy the r.
pcaicd and nAsx.!c Tcins.s Of the Governor of New
York to acknowledge lie only rule winch has been
hitherto known and esteemed sufficient tor tier ADJUST
lnrn, viii aposc 10 continual depreciation and dan
ger though the authority d! our laws may be success
iu!iy vnGicated III this instance. The points OF view
in which th; subject has been considered hy tic Co.
vernon .! New York DO not admit 81 compromise or
concession Ticy strike boldly al The foundation Of
The social relations Of the States. ii they do mol disturb
the very elements Of society itself all the Slave hold
mr. States II the positions 10 mas assumed IN refer
cncc 10 tbs controversy are sound, We afe exposed to
lie contar;,n ot every neral cidemc, while we arc
destitute ANY substantial rights as State, and de-
piiycd II all tie privileges u na,lon
Tie question involved III this controversy, respect
fuy apprcheni, Las not been met By the Governor 81
New York. /! i question aFsing under the oons'-
tuition ii he T. : and nj under No aw o!na''ens, or
under the common law Il j. understood II Nes;nn
Ser Hall o. at Albany. Tie Federal Constitution
which, with every law made u pursuance Of i, : tie
Supreme law Of the STATE Of New scT., contains the
following clause:
a person charged in any State with treason, ltlnry
- 81. .hIi 80 6cmnr,l nj the Executive
.,. e ,o S,a,a rtom wL:rh lie fed bc delivered
~ aud removed the State havlUg jurisdiction OF the
crime" ,
;, " r.. ,.-o 49,, ,ti,,nc. i committed as
49,. c.., l.. y,L;cA ihcy may have taken re-.
no man. o.oa.;ou IN this case 10 sur
- ~ -, - i,;,,;r,,-.l,n \ citizen Of New
York The Law Of Nations, on winch the -, GI verne.
OF scs i'v - his construction Of ih- Constr
tuition applies with more rgoT 10 the Of citizen
suhicc. ~ tie government; ~ winch tl' Demand =
made, Tam t. tha ~ oc WHO has rH rom his own ''o'
vcrnmcni. While III SUCH ca" me n"sethieht =
bound either osurr"ndef or 70 PUNISH vs. own c'i'H'HS'
il IS not bound ;osHrrcncer me cit5cn o. another eo'
.crairrn i'll the absence 81 treaty ~ Is Hain'aafa
however that ;ndrr orr Constitution, the Governor %!
!. lsa"unG To surrender cii2eh" ms 1E;''' - 'is
same extent and rs the same authority when b'IGS nm
surrender citizen Of Virginia. ne Constitution 81
The United States provides that 'ihe citizens "i cach
State entitled 10 all the privileges anu inuh!,'s
al citizens in the several states The ciizrn oi 'f-
ginia therefore, whsle III h"w York, : omitted 10 inc
protection ruGc: 'ic Stae az" Et"e'"i -. -
the c22a 81 .sci / OK, ".i'c We s't'"'h - -"
yo-l v.In, IN y;rrn;a owes Tie same obedience 10
orr laws IS orr o.:n ci.i2rus Does the Governor .!
New York restrict lis doctrine 10 the native CITIZENS Of
that State does h. extend J; 10 al persons Temporal.
rlY soourniug there: II j" adopts the rcs'Fir''d
sense then the citizens 81 other STATES a-e not zen
,l,d 10 The same privileges and iinmuniiics in New
Work "a ,hr citizens OF that STATE" and II he adopts the
other then he is not bound 70 surrender any one who IS
no, charged with IN offence known 10 the laws Of his
sst.. Ii is conceived that very legal citizen Of New
yor, Is also citizen IL the United States, in the sense
Il Nh, Constitution: and unless Tie citizens Of other
states are Aliens, then tLry are entitled under ihIS
novel construction al State sovereignty, 10 complete
ye,icn from! Tie legal consequences Of crimes com
tr' elsewhere. i they 10, crimes known t. Tie
laws Of New ars 70 The st:l! more Indefinite siand,
l ,,Lic the Go;erna, desr,ttcs rs The .'univcrs@i
Iaw ii al! civilized countries The large and respect
All. n.r,hcr II Europran cn.;gran,s in tie State o!
VI, loo. No.; been n,ad, citizens Of that State
~" ,,, r. La rntc, SI,cs Does the
@ny CONSIDER them bcvond the pale Of his State
II NAV be Questioned, whether he class
~. r,y.s in his instance belong, VIZ: free
y w'c" nv ,cS have bcrn horn N Ne1Y York,
sgr fed thitr to escape the Pcn;,rn:iary, ca'
become citizens Of ina, Of any otrs State IN the
sense o tie Federal CONSTITUTIONS because nature ms
onnoscd rsupcrablc reasons their acquiring there o
elsewhere. cal The privileges and imnantes Of ci
ems i, may he asked then. VIXEN and where ihi'
,rliar exemption Of the citizens Of New York from
Pe".', " = -: ..,,.,. .,,n,,onras and when am