Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-31
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POLITICS..
ExrcuI,yr DEPARTMENT,

EXECUTIVE DEPARTMENT.
.hlledgerilc, It'll Dee, lS40.
have the honor to communicate herewith 10 the
General Assembly, the copy of letter from the Co
vernon of Virginia giving the result OF the correspon-
dence between himself and the Governor OF New York,
respecting certain ugtves from justice, protected by
the latter, and asking in compliance with aresoiu-
ton of the Legislature of his State, the cooperation
Of Georgia, in any necessary and proper measure OF
redress which Vrg may be forced to adopt IN reia
ton thereto.
The nature ofthis controversy was made known to
you, in documents heretofore presented Tor your con-
sideration together with the extraordinary grounds
assumed by the Governor Of New York, for his reiu
sal to deliver criminals against the laws OF Virginia
which Ind taken refuge in his State 1t seems from
the letter now presened to you that that high public
functonary adheres TO his purpose and persists IN his
refusal obey the mandate OF the laws passed IN pur
suance Of the Constitution. He makes the nature OF
the offence the basis of his objection, claiming The ar
ropant right determine what shall be the objects OF
property in other States entitled to the protection OF
the law.
1t was well understood at the organization of the
Government, that there one species OF property
not common to all the States The Constitution Of the
IT, S. had special regard to this state of things and
wisely provided for the protection Of the rights of the
people of those States holding peculiar property,
placing them beyond the reach OF the domestic policy
Of any Of the other ubcrs of the confederacy With
this object it provided that person held to ser
vice or labor one State under the laws thereof escap
regulation therein, be discharged from such service or
labor.
Under this clause Of the Constitution, the slave who
escapes from his owner, and succeeds in getting into
State where slavery not tolerated. acquires rights
under It's laws His condition follows him. and is de-
termined by The laws of the State whence he fled
He must be delivered up property, claim OF the
party to whom he belongs. If the authorities OF the
General Government, Of the State whence he es-
capped pronounce him 10 be property, and deliver him
up accordingly, how be pretended that the thief
WIN has stolen slave and escaped into another State,
shall he prot-cied thee because the institution OF s!a
very is not known lis laws? IL slavery Is TO be re-
cognzed for of these purposes il he for the
other. But this subject IT is useless to argue. The
spirit Of fanacisln has charmed 10 rest the voice of
reason aud the Cons'i'ntion-and popular pnrenzy
has DESTROYED the force of the strongest ocal obga
ton.
The position assumed by the Governor OF New York,
which, seems he cannot he induced to abandon, as
sures the people the other States that he will not a.
agent of the Government, as the Executive Of
ficer Of his State, execute the laws OF the land
The Executive Of every other State has the same right
tn exercise discretion and refuse his aid in givnge
feet to the Constitution and Laws grave question
then presents itself By what is that clause of
the Constitution of the U. s., which relates to the de-
livery of fugtves from justice tn be executed: ii Is
important the safety of society that should be car
ried out good faith 1t is essential 10 the protection
of private rights that it should he. The public peace
and general happiness require that the means to be en-
ployed for this purpose, should be such will prevent
angry collision between the States 1t cannot be left
the States themselves, experience has proven IN
instances than one, that this Is fruitless reliance
If,hs matter To be referred to the comfy OF
States it were useless provision in the Constitu-
ton But the wise trainers Of that instrument saw the
necessity from the free intercourse between the peo-
pie Of the States the citizens of each State being ent
tied to all privileges and mmunes of citizens OF the
several States ofaordng the means or efectual pro-
lection to the States themselves, the person and pro-
perty ofher citizens respectively by requiring the deli
g f.lN fhnr
crime, who should flee from the jurisdiction in which
the offence was committed and be found in another
State.
Does this constitutional provision constitute treaty
between the States; is it recommendatory only to the
States; does it impose obligation on the General
Government, Of the States, II cannot be treaty
The States by the adoption of the Federal Constiiu-
ton, surrendered the power of enforcing treates.-
She cannot grant letters of marque and reprlsa nor
engage war, unless actually invaded or in such m-
lninent danger thereof, will not admit of delay
treaty creates obligation the parties 10 IT; and II
either refuse to perform it, the other has the right
peal to arms to enforce il.
There is other ultimate resort between nations
where proves contumacious and refuses to fulfil
its solemn treaty stipnations This cannot be done by
the States without breaking the barriers of the
CONSTITUTIONS and exercising prohibited powers 1t can
not be recon,mendatory only 10 the Stnes. The Ian
guare employed forblds this construction Besides,
matter important 10 the security the people, aud
the harmonious intercourse between the States would
not have been referred to tie unccntroiaole optoh oi
the States.
Does it impose IN obligation on the State: This in
terpreaiio cannot be sustained, without going beyond
tho terms used in the Constitution 1t must be by the
exercise of implied power only, that the requirement
can be made Of State to deliver up fugitive from
Justice who has escaped from another State The act
of 1888 and not the Constitution, requires the Execu-
tive officers of the several States to execute THIS pro-
vision of the Constitution; and the authority for this
enactment, might, with propriety, be questioned
Judicial tribunals, of the highest respectabty, have
decided that Congress cannot require OF State tunc-
tionares the execution of any Of the powers OF the
Federal Government
Does il impose IN obligation on the Government OF
the United States? Unqucstionaby. The Constltu.
ton created Government, of limited powers, to be
sure bnt one possessing Executive, Legislative, and
Judicial authority, TO be exercised independently OF
the States, and ample TO carry into effect all powers
vested therein All newly created powers and obliga.
TONS unless otherwise expressed, must be exercised
and performed by the Government brought into exist
ence by the their execution IS
onired TO perform them The obligation TO deliver fu-
gi,iyes from Justice unfortunately and unconditional
H. s unknown TO the law of natons did not rest upon
the States absolute soveregnties and IS creaed oy
the Constitution and s performance IS not by ,hat
s,runent placed on the Sstes Hence IT IS, that inc
States have The right TO- require Inc ooveshulen. ~
perform this important duty. Congrrss, at an early
period of our national history passed law to carry 'nto
effect this provision Of the Constitution; but 1t was I'M
fortunate in confdng its execution to agents not ame
nabe to its authority 1t has its justification, however
in the confidence Of Congress- that the high ocers 70
whom this trust was committed would not oe oe'ei.eu
from its execution by popular excitement, or oihef
cause Having been disappointed IN this pectaton'
II becomes it's duty require its performance BY agents
snb;ect 10 its control The States should demand IT.
and if the Government should refuse SO to amend the