Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-04-01
VIRGINIA AND NEW YORK.
Hor,sg OF DELEGATEs.

FnipAY, Marsh 10, l5il.
The following resolution was submitted
to The House Of Delegates, by Mr.. May ;
awhefeas il appears that the Governor q New
! York hath demanded Of the Governor OF Virginia.
a fogitive from justice. legally chatged with crime
i 10 that State. and now confined in this, and tina,
sach demand hath been made in conformity wish
the Constitution and laws ofhe United States, but
that the Governor Of bis State, considering thar
the Governor Of New York has very recently refused
/ TO comply with a similar demand upon him. inside
/ by this State deemed II proper decliae for the
present TO surrender the said fugitive; snd while
/ The General Assembly hath u confidence that the
course adopted by Governor hath proceeded
from an anxious and patriotic desire TO induce The
State Of New York to comply with the constitution
al obligations to this StaIei yet, the Genets As
sembly hath solsnuy protested against The conduei
OF that State the occasion alluded to, as papa-
bic VIC alton Of those obligations, add has maintain
ed, and still maintains that the duty Of the Execu-
live Of each State 10 surrender fsgitves legally
charged with crime, when properly demanded BY
any other State, is mperously enjoined ~ the
! Constitution and Laws:
"Resolped, therefore, By he General Assembly,
That. 10 its opinion any fogiiiye 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, notwith-
standing the refusal Of The Governor Of that State
TO act in similar case"
On Mr.. Bayly's motion, the resolution
was laid upon the table.
This resolution was followed by ano-
Their, on the motion Of MIR. Tayloe, OF
King George, which was adopted, viz:
"That the Governor be requested to communi-
cate he late Executive order respecting demand
by the Governor of New York, for the surrender OF
fugitive from justice; and the reasons for his re-
fusal to comply with such demand, aml copy Of
the demand"
Some time after which, the Speaker
submitted the following communication
from the Governor
EXECUTIVE DEPARTMENT,
M irch 49, 1871. I
SIR: have just received copy OF a resolution
adopted this day by the House of Dele tes request
ing me "to communicate the late Executive order
respecting a demand made by the Governor of New
York for the surrender of fugitive from justice,
and The reasons for my refusal TO comply with such
demand, and copy Of the demand
| accordingly transmit copy OF the order OF tts
Department Of the 10Th instant, and of the demand
Of the Governor Of New York, fom which it will te
perceived that have deemed it my duty TO
| pend compliance with the demand of the Cover
| nor OF New York until the Governor of New York
shall reconsider his refusal to comply with presi-
| Gus similar demand on behalf of this State.
/ 1t is presumed that the origin aud progress OF
this controversy with the Safe OF New York are
familiar to the House of Delegates; and it's there.
fore hoped that the documents communicated
will salisfactor, respond to their resolution
Should the House of Delegates OF the General As
semby, however, deem it their duty take any
further action in reference the OF this De-
partment, it may be consistent with their sense OF
justice to siIorG opportunity of assigning more
in detail the reasons and responsibilities which have
! Influenced my conduct.
Your obedent servant,
THOM as w. GILMER.
To the SPEAKER of the House of Delegates.
To His ExcELLRScY the Governor of the State of
Virginia:
IL appears, by the annexed papers, duly anthem
iicaed according to the laws OF the State. that R1-
bert F Curry stands charged in this State with the
crime Of forgery; and it has been represented 10
me that he has fed t,om the justice of this State,
and has taken refuge within the State of Virginia
Now therefore. pursuant to the provisions of the
Constitution and Laws ofthe United States in such
case made and provided, | do hereby require tina,
the said Robert F. Curry be apprehended aud DELI
We ed to John D. Dix, of lthics, who is hereby du-
q
State of New York, there TO be dealt with accord
ing TO law.
In testimony whereof, have hercuuto sffxed
| my name, and the piivy seal OF the State,
IT,. S. this tweny-hfth day of February in the year
| of our Lord one thousand eight hundred and
| fury-one.
WILLIAM II. SEWARD.
| By the Governors:
SAMUEL BLATcHFoRD, Private Secretary.
Executive DEPARTMENT
M4rch l6 l84l. {
A 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 day presented by John d. Dix, the accredited
agent of the Executive of New York, together with
a duly certified copy OF an Indictment found by the
Grand Jury Of Tompkns county, in the State OF
New York, against the said Curry; and it being
stated that the said Curry has been arrested, and is
row in custody, within the jurisdiction of this Com
nionwealth: IL is ordered that the demand for the
said Robert F Curry is in proper form. and will be
| complied with whenever similar demand for the
| surrender of Peter Johnson, Edward Smith. and
Ia ac Gansey heretofore charged with felony under
the laws of this State shall be complied with by the
Governor OF other authorities OF the State OF New
York.
1t is further ordered, to be certified to the Cover
nor of New York, that measures will be taken for
the detention of the said Curry Tor SIX months from
the time of his arrest period sufficient il is hoped
10 enable the authorities of that State to determine
whether the Conststion and laws under which
this de mand is made are OF as binding force on the
! State OF New York as on the State of Virginia.
By order of the Governor.
| VIM. II. RICHARDSON,
Secretary Of the Comm.
| FRIDAY-EvENING SESSION.
Mr.. May submitted the following reso-
! luton
"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
tina, Stale and row conf. ed in this, and that such
demand hath been made in conformity with the
/ Constitution and laws Of the United States, but
that the Governor Of this State, considering that
the Governor Of New York has very recently re-
| fused TO comply with a similar demand upon him
made by this State has deemed it proper to de-
cline for the present surrender the said fugitive
and while the General Assembly bath full confidence
hat the course adopted by Governor hath pro-
ceeded from an anxious and patriotic desire to in
stitutionaI obligations to this State yen, the Ge
neral Assembly hath solemnly protested against the
conduct of that State on the occasion alluded to-
as palpable violation of said obligation, and has
maintained and sill maintains, that the duty of the
| Executive of each State surrender fugityes le-
| gally charged with crime, when properly demand
ed by any other State, is one imperousiy enJoined
( nv the Constitution and laws: