The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-25
THE MADISONIAN.
VIRGINIA.


HOUSE OF DELEGATES npAY, March 10
The following resolution was submitted to the House
Of Delegates by MIR. MAY:
where's i, appears that the Governor Of New
York hath demanded Of the Governor Oh virginia q
fugitive from justice, legally charged with crime IN
that State, and now confined IN tnis ana tnat such
demand hath been made in conformity with the Con-
stiution and laws Of the United States but that the
Governor of this State considering that the Governor
Of New York has very recently refused 10 comply
with similar demand upon him, made by this State,
deemed proper TO decline for the present
der the said fugitive and while the General Assem-
bly, hath full confidence that the adopted by
Governor hath proceeded from anxious and patriotic
desire 10 induce the State of New York to comply with
the constitutional obligations 10 this State; yet us the
General Assembly hath solemnly protested against
the conduct Of that State the occasion alluded TO-,
palpable violation of those obligations, and has
maintained and still maintains that the duty OF the
Executive Of each State to surrender fugtyes legally
charged with crime, when properly demanded by any
other State Is one imPeriousy enJoined by the Con-
stitution and Laws:
aResolred, therefore, by tho General Assembly,
That, in its opinion any fugitive legally charged wiih
crime, and demanded by the Governor Of New York,
according to the Constitution and laws of the United
States ought to be surrendered, notwithstanding the
refusal of the Governor OF that State act in SINH
lar case"
On Mr.. BAYIYs motion, the resolution was laid up
ON Inc table.
This resolution was followed by another ON the
motion of MIR. TAYLoE, of King George, which was
adopted, viz:
"That the Governor be requested to communicate
the late Executive order respecting demand made by
the Governor OF New York for the surrender of flu
gtiys from justce and the for his refusal to
comply with demand, and copy of the demand"
Some tirSe after which, the Speaker submitted the
following communication from the Governor
Nx, ,,,r,.c,r faroh 10 1911
Sir: have just received copy of resolution
adopted this day by the House Of Delegates request
ing me to communicate the late Executive order
speeding demand made by the Governor Of New
York for the surrender of fugitive from justice, and
the for my refusal to comply with such de-
mand, and copy of the demand"
accordingly transmit copy Of the order of this
Department OF the 10th instant and of the demand of
the Governor OF New York from which it will be per
ceived that have deemed it my duty to suspend a
compliance with the demand Of the Governor Of New
York until the Governor of New York shall reconsi-
der his refusal TO comply with previous similar de-
mand on behalf Of this State.
It'll presumed that the origin and progress of this
controversy with the State OF New York are familiar
to the House Of Delegates and il is therefore hoped
that the documents now communicated will sasfacto
ry respond their resolution Should the House Of
Delegates or the General Assembly, however deem il
their duty to take any further action in reference TO
the course of this Department, it may be consistent
with their sense of justice TO afford opportunity Of
assigning more in detail the and responsible
ties which have influenced my conduct.
Your obedient servant,
THOMAS w. GILMER
To the SPEAKER of the House of Delegates
To His ExcELLENcY the Governor of the State of
Virginia:
II appears by the annexed papers, duly authentca-
ted, according to the laws Of State that Robert F.
Curry stands charged in this State with the crime of
forgery and il has been represented to that has
Hal frnn fha hte
within the State of Virginia.
Now, therefore, pursuant to the provisions of the
Constitution and Laws OF the United States in such
case made and provided, do hereby require that the
John d. Dix Of Ithaca who is hereby duly authorized
to receive him. and convey him to the State Of New
York, there to be dealt with according to law.
In testimony whereof, | have hereunto affixed my
name, and the Prvy seal Of the State, this TWEEN
l. ~ fifth day OF February in the year OF our
Lord one thousand eight hundred end forty
WILLIAM H. SEWARD.
BY the Governor:
SAMUEL BLATcHroRD Private Secretary
EXECUTIVE DEPARTMENT, MARCH Is, 1S4l.
demand from the Governor of New York for the
surrender of Robert F. Curry, charged with the crime
of forgery under the laws of that State was This doy
presented by John d. Dix the accredited agent of the
Executive OF New York, together with a duly Ger tiff
ed copy OF an Indictment found by the Grand jury of
Iompkins county in the State of New York against
inc SAID Curry; and being stated that the said Curry
has been arrested and is in custody within the
jurisdiction Of this Commonwealth Ii is ordered that
the demand for the said Robert f. Curry is in proper
form and will be complied with whenever a similar
Inanded Tor the surrender of Peter Johnson Edward
smith, and Isaac Gansey, heretofore charged with felo
ny under the laws of this State shall be complied with
by the Governor other authorities of the State of
New York
is further ordered be certified to the Governor
OF New York, that measures will be taken fol the de-
teniion Of the said Curry for six months from the time
of his arrest period sufficient it is hoped to enable
the authorities of that State to determine whether the
Constitution and laws under which this demand il
made are Of as binding force the State of New York
as on the State of Virginia
BY order of the Governor
VIM II. RICHARDSON,
Secretary Of the Comm
FRlDAY-EyENING SESSION.
Mr. MAY submitted the following resolution
v" Whereas it appears that the Governor of New
York hath demanded Of the Governor of Virginia a
fugitive from justice, legally charged with crime in
that State, and now confined in this and that sucb
demand hath been made in conformity with the Con-
stltution and laws of the United States but that the
Governor of this State considering that the Governor
OF New York has very recently refused to comply
with similar demand upon him made by this State
has deemed proper to decline for the present sur
render the said fugitives and while the General As
SEM ly hath full confidence that the adopted by
our Governor hath proceeded from anxious and pat
roc desire to induce the State of New York to comply
with her constitutional obligations to this State; yet
as the General Assembly hath soemnly protested
against the conduct of that State the occasion al
iuded To- as papabe violation of said obligation and
has maintained and still maintains that the duty of
the Executive Of each State to surrender furitives
legally charged with crime when properly demanded
ny any other State, is mperousy enoined by the
Constitution and laws:
Resoired, therefore, by The General Assembly.
That in its opinion any fugitive legally charged with
crime, and demanded by the Governor Of New York
according to the Constitution and laws of the United
States, ought to be surrendered notwithstanding the
refusal of the Governor Of that State so TO act in
similar case"
After some discussion Mr. HotI,n.v noyod H.