Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-04-01


scarrving slaves oui ofthis Commonwealth,
and TO prevent the escape OF persons
charged with the commission OF any
lcrime,. has been deemed on your part
measure Of necessary defence or ptecau-
liion warranted hy the refusal ofthe Gov
lernor OF New York to acknowledge and
lperform his constitutional obligations to
This State. You have thereby attempted
Ito control the action OF the Legislative de-
lnartment Of the Government OF that State.
! Your authority as one OF the co ordinate
departments Of this Government, aud vuur
lduty 10 protect tile Commonwealth by nil
Legitimate means, has not been question
led: and unless il is conceived that all the
1 mowers ana oil The responsibilities OF our
State Governments have been entrusted
to the Legislative branch, il will not be
denied that the Executive also has duties
10 perform and responsibilities to meet
within the sphere Of IT'S powers, and that
these may be employed for the pubic
safety By this department, with as much
proprieiv and as ample discretion as those
with winch you are invested, can be en-
ployed bv yourselves. The act OF Con-
cress of 1893 requires, that demand for
| fug,ives from Justice shull be made on the
Governor Of State. Our own Consttu.
ton requires the Governor oil this State to
conduct all intercourse with other aud
Foreign States. The question then arls-
es, whether lhe Executive OF this State, IN
i It's intercourse with other States, has any
discretion within the acknowledged sphere
of lis duties, or whether it is mere pas
sive instrument, bound absolutely and I'M
condii;onally 10 regard mutual and re.
ciprocal contract, the total disregard OF
which, on the part Of another State, has
rendered such extreme measures OF pre-
caution necessary in your own estlma'lon'
Are the citizens of New York more culpa-
bic than their Governor, or has the Leg
lslature of this State any more authority
to retaliate on them for his delInqoencies
than this department has to require that
he shall do Justice before he exact 1t, that
he shall obey the Constitution and Laws
which were designed to regulate our m
tefcourse, before he insists on their fulfill
ment by this State The Federal Con-
stitution prescfihes certain plain rules,
which were intended 10 apply TO oil the
States. New York has denied that these
rules or remedies are applicable TO Nir.
gina, and yet insists that Virginia shall
extend them to her. Her demand IS made
on the Executive Of Virginia, aud on this
Department dcvoves the responsibility oi
deciding whether the burdens only OF the
Federal compact MS to this question are to
be borne in Virginia, while the benefits
are to be enjoyed exclusively by New
York. The constitutional obligations Of
Virginia have not been denied. II has
been assumed, however, that they are I'M
posed by an authority Us binding on New
York as on Virginia and il has been an
nounced iha. they will be complied with
on our part when they ore acknowlf dyed
ON hers. Is the Executive Department
Of Virginia alone TO "acquiesce" where
the Legislature of the State have denounc.
ed acqulescence as treason
The Federal Constitution is a compact
between States. Each ofthese States has
rights beyond the control of the Consiitu-
ton, while ii, remedies are designed to be,
and must of necessity be, mutual or una
vall.ng. 1.-THE Obligations ofthe Constitu-
ton are set at defiance by one State IS
TO another, the injured State must either
submit TO the wrong, appeal TO the cons,i-
tutonal arbter, or seek, by its own inher-
ent power, to obtain redress. 1t is appre.
hended that few persons will be found in
Virginia who will advocate submission TO
the wrong which has been perpetrated on
this State by the Governor OF New York.
This Department has already communica-
ted to the General Assembly its views as
to the powers of the Federal Government
in reference 10 this controversy, but 1t is
not within the scope Of Executive nuthofi-
ty to appeal to that Government, and the
representatives Of the people have not
thought proper to DO so. You have PIE.
ferred to rely on the resources within the
reach of your Department you have
brought those resources 10 bear on the
whole State of New York, and this De-
partment has only suspended its compi-
ance with demand OF the Governor O.
New York, acknowledging its validity,
until that officer shall think proper to conn.
ply with precisely similar demand long /.
since made on behalf Of Virginia.
Are the representatives of the people Of
Virginia, alone to complain Of this 7 The
Governor Of New York cannot complain,
because he is informed that the rights of
his State will be respected when he re.
spects those Of Virginia. The people Of
New York, to whom their Governor is
responsible, may ask him how long JUS
tlce shall be withheld from them, since it
is in his power at any moment TO entitle
them TO that which he wlthhods from the
people OF Virginia. In all the relations
Of life, the demands of justice are mutual
and is it only in the intercourse of
States that this rule is TO be disregarded
If the aggressions OF one State on the
rights Of another, are not 20 affect the
claims Of the offending State in precisely
similar cases, when they are preferred in
the forum Of the State which has been in
jured, acquiescence on our part will only
encourage the preparation Of wrong aud
oppression on the part OF others. IL the
instance of fragrant disregard Of consttu-
tional obligations which has occurred on
u