The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-03-27
VIRGINIA.


The following resolution was submitted to the House
Of Delegates by Mr.. MAY:
" 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 confined in this, and that such
demand hath been made in conformity with the Con
stitution 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,
deemed proper TO decline for the present TO
der the said fugitive; and while the General Assem-
bly, hath full confidence that the adopted by our
Governor hath proceeded from anxious and patriotic
desire to induce the State of New York to comply with
the constitutional obligations TO this State; yet as the
General Assembly hath solemnly protested against
the conduct of that State the occasion alluded TO,
as palpable violation OF those obligations, and has
maintained and still maintains that the duty of the
Executive of each Stale to surrender fugitiyes legally
charged with crime, when properly demanded by any
other State Is one imperiousy enjoned by the Con
stitution and Laws:
"Resoiped, therefore by the General Assembly,
hat 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 TO act IN SINH
lar case"
On Mr.. BAYLY's motion, the resolution was laid up
on the table.
! This resolution was followed by another, on the
motion of Mr.. 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
tive from justice; and the for his refusal to
comply with demand, and copy Of the demand"
Some time after which, the Speaker submitted the
| following communication from the Governor:
EXECUTIVE DEPARTMENT, March 10, 1871.
Sir: 1 have just received copy of resolution
adopted this day by the House of Delegates request
ing me to communicate the late Executive order
! specting 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 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.
IL ID presumed that the origin and progress of this
controversy with the State Of New York are familiar
the House of Delegates and it is therefore hoped
that the documents communicated will satisfacto
Tily respond their resolution Should the House of
Delegates the General Assembly, however, deemit
their duty to take any further action in reference
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 our State, that Robert F.
Curry stands charged in this State with the crime of
forgery and it has been represented to that has
fled from 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 of the nIed States in such
case made and provided, do hereby require that the
said Robert f. Curry be apprehended and delivered to
John ID. Dix of Ithaca who is hereby duly authorized
% receive him, and convey him to the State of New
ork, 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 |
[. s. ty fifth day of February, in the year of our
Lord one thousand eight hundred end forty |
SAMUEL BLATcHFoRD, Private Secretary.
EXECUTIVE DEPARTMENT., MARCH Is, 1S41
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, this day
presented by John D. Dix the accredited agent of the
Executive of New York. together with duly cerif-
ed copy of an indictment found by the Grand Jury of
Tompkins county in the State of New York against
the said Curry and being stated that the said Curry
has been arrested and is in custody within the
jurisdiction of this Commonwealth: 1t is ordered that
the demand for the said Robert f. Curry is in proper
form and will be complied with whenever similar
manded for the surrender of Peter Johnson Edward
Smith, and Isaac Gansey heretofore charged with elo-
ny under the laws of this State shall be complied with
by the Governor other authorities of the State of
New York
1t is luther ordered, to be certified to the Governor
of New York, that will be taken or the de-
tentIon 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 is
made of binding force the State of New York
as on the State of Virginia.
BY order Of the Governor
| VIM. III. RICHARDSON,
Secretary of the Comm
] FRIDAY-EvENING SESSION.
Mr. MAY submitted the following resolution:
Whereas it appears that the Governor of New
York hath demanded of the Governor of Virginia a
fugitive fIom justice, legally charged with crime in
that State, and confined in this, and that such
demand hath been made in conformity with the Con-
sttution and laws of the United States but that the
Governor OF this State considering that the Governor
! OF New \ ork has very recently refused TO comply
with similar demand upon him made by this State,
has deemed it proper TO decline for the present sur
render the said fugitives and while the General As
semi y hath full confidence that the course adopted by
our Governor hath proceeded from an anxious and pat
roc desire induce the State of New York to comply
with her constitutional obligations to this State yet
as the General Assembly hath solemnly protested
against the conduct of that State the occasion al
luded to- paIpable violation Of said obligation and
has maintained and still maintains, that the duty of
the Executive of each State to surrender fugtives
legally charged with crime when properly demanded
by any other State, is mpeuousy enoined by the
Constitution and laws
Resotoed, 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 hat State to act in
similar case"
After some discussion Mr.. HOLIDAY moved the
following as a substituted
" Resoired by the General Assembly, That in their
opinion the refusal of the Governor of New York to